WHEREAS a strong public school system is a fundamental element of a democratic society;

AND WHEREAS the purpose of the public school system is to serve the best educational interests of students;

AND WHEREAS the public school system should contribute to the development of students' talents and abilities;

AND WHEREAS public schools should contribute to the development of a fair, compassionate, healthy and prosperous society;

AND WHEREAS the public school system must take into account the diverse needs and interests of the people of Manitoba;

AND WHEREAS democratic local school divisions and districts play an important role in providing public education that is responsive to local needs and conditions;

AND WHEREAS parents have a right and a responsibility to be knowledgeable about and participate in the education of their children;

AND WHEREAS public schools require skilled and committed staff in order to be effective;

AND WHEREAS it is in the public interest to further harmonious relations between teachers and their employers through a process of collective bargaining consistent with the principle that resources must be managed efficiently and effectively;

AND WHEREAS the Province of Manitoba and school divisions and districts share responsibility for the financing of the public schools;

"fiscal year" means a fiscal year commencing on July 1 of any year and ending on June 30 of the year immediately following; (« exercice »)

"francophone school board" means the board of trustees of the francophone school division; (« commission scolaire de langue française »)

"francophone school division" means the francophone school division established under Part I.1; (« division scolaire de langue française »)

"general election" has the same meaning as in section 1 of The Municipal Councils and School Boards Elections Act; (« élections générales »)

"legal guardian" means a person appointed or recognized as the guardian of a child under The Child and Family Services Act or The Court of Queen's Bench Surrogate Practice Act; (« tuteur »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"program" means a series or group of courses leading to a statement of standing; (« programme »)

"public school" means an institution for educational purposes established and maintained under this Act or The Education Administration Act; (« école publique »)

"regulations" means regulations made by the Lieutenant Governor in Council, by the minister, or by the Advisory Board under the authority of any Act of the Legislature; (« règlements »)

"resident", as used to refer to or describe a person living in a particular school division or school district, means a person who has his chief place of abode or dwelling in that school division or school district; (« résident »)

"resident pupil" as used to refer to or describe a pupil in a particular school division or school district, means a pupil

(a) whose parent or legal guardian, with whom he resides, is a resident therein, or

(b) who has attained the age of 18 years and is a Canadian citizen or permanent resident as defined in the Immigration and Refugee Protection Act (Canada) resident therein, or

(c) who, by reason of being dealt with under any provision of The Child and Family Services Act or the Youth Criminal Justice Act (Canada), becomes a resident therein, or

(d) who is designated in writing by the minister as a resident therein; (« élève résident »)

"review commission" means The Boundaries Review Commission for which provision is made in this Act; (« Commission de révision »)

"school" means a public school; (« école »)

"school board" means the board of trustees of a school division or a school district; (« commission scolaire »)

"school building" includes the buildings required or used in a school division or school district for the imparting of instruction or for offices or other public school purposes; but does not include a building, or a part thereof, constructed, designed, or used solely or chiefly for administrative functions of the school division or school district other than those exercised by principals and teachers; (« bâtiment scolaire »)

"school district" means a school district which is not designated by the minister as a remote school district; (« district scolaire »)

"school division" means a school division having the responsibility of providing for elementary and secondary public school education and includes a remote school district as designated in subsection 3(4) but does not include a school district; (« division scolaire »)

"school moneys" means moneys that are the property of, or are payable to, a school division or a school district; (« deniers scolaires »)

"school site" means, subject to the regulations, the area of land required set aside or used by a school division or a school district for the school building, teachers' residence, students' residence, offices, or playground, or any one or more of them and includes any area of land required set aside or used for parking purposes; (« emplacement scolaire »)

"support" means financial support provided to a school division under the capital support program or the operational support program established under Part IX; (« aide »)

"teacher" means a person who holds a valid and subsisting teacher's certificate or a limited teaching permit issued under The Education Administration Act, or who is authorized by the minister to teach in a school; (« enseignant »)

"trustee" means a member of a school board of a school division or school district; (« commissaire »)

"unorganized territory" means any portion of the province not included within a municipality; (« territoire non organisé »)

"voter" means a person eligible under section 21 of The Municipal Councils and School Boards Elections Act to vote at an election of trustees; (« électeur »)

"year" means a calendar year. (« année »).

Registered common-law relationship

1(2) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

(a) where a school district or remote school district is established or a territory is declared to be a school district or remote school district, specify its establishment and provide for the matters described in clauses 9(6.2)(a) to (d); and

(b) where a territory is added to a school district or remote school district, specify the matters described in clauses 9(6.2)(b) and (c).

3(3) From the effective date of its incorporation, a school board has the powers granted to it, and is responsible for the performance of the duties and is subject to the liabilities charged upon it, under this Act.

Remote school district

3(4) The minister, by regulation, may designate a school district as a remote school district.

Change of name

3(5) The minister may by regulation change the name of a school division or school district.

4 The minister shall not include in a school division on its establishment, or add to a school division previously established, any land owned by or under lease to the Government of Canada, unless the Government of Canada has entered into an agreement with the Government of Manitoba to make an annual grant, for the purposes of the school division in which the land is to be included, of an amount equal to an amount that would be raised by a levy on the land being so included, on the basis of the equalized assessment established for the school division by the Municipal Board or the Provincial Municipal Assessor, at the rates that under the appropriate sections of Part IX would apply to the school division; and the Government of Manitoba may enter into such an agreement.

5 The secretary of the board of reference must arrange for the board to hold a hearing under section 9 if he or she receives a written request from

(a) a person who owns a parcel of land requesting that it be transferred from one school division or school district to another, or if it is not in a school division or school district that it be added to one;

(b) the council of a band, as defined in the Indian Act (Canada), requesting that reserve land that is in a school division or school district be removed;

(c) the minister requesting that land be transferred from one school division or school district to another, or that land that is not in a school division or school district be added to an existing school division or school district; or

(d) two or more school divisions or school districts requesting jointly that they be amalgamated to form one or more new school divisions or school districts.

7(1) Subject to subsections (2) and (3) and notwithstanding any other provision of this Act or anything done thereunder, the minister may, by regulation,

(a) add territory to or withdraw territory from any school division or school district established under this Act;

(b) amalgamate any two or more school divisions or school districts established under this Act.

Prerequisite to alteration of boundaries by minister

7(2) The minister shall not exercise any of the powers conferred by subsection (1) except after a review by and the receipt of a recommendation from the review commission, but this subsection does not affect any power conferred on the minister by section 14.

Confirmation by L.G. in C.

7(3) A regulation made by the minister under subsection (1) that affects the boundaries of a school district or remote school district established, declared or enlarged under subsection 2(1) is of no force or effect unless and until confirmed by a regulation of the Lieutenant Governor in Council, and the Lieutenant Governor in Council may make such a regulation.

(a) establish a commission, to be known as The Boundaries Review Commission, consisting of such persons as the minister may appoint as the members thereof;

(b) fix the term of office of each member of the review commission;

(c) prescribe rules of procedure that shall govern the operations of the review commission;

(d) make such other provisions respecting the review commission as the minister deems necessary.

Function and duties of review commission

7(5) The review commission is under the direction of the minister and shall

(a) whenever so instructed by the minister but subject to subsection (6), conduct a review of the boundaries of all or any of the school divisions or school districts in the province as the minister may require;

(b) after a review under clause (a), make recommendations to the minister respecting the alteration of the boundaries reviewed;

(c) perform such other functions and carry out such other duties respecting the boundaries of school divisions or school districts as the minister may require.

Suspension of board of reference operations

7(6) The Lieutenant Governor in Council may, by order, suspend, for the duration of any review of boundaries proposed to be conducted by the review commission under subsection (5), all operations of the board of reference affecting or relating to boundaries of school divisions or school districts, and the review commission shall not conduct the review unless and until such an order is made.

Remuneration

7(7) Each member of the review commission shall receive such remuneration for services performed as the Lieutenant Governor in Council may approve and reimbursement for reasonable out-of-pocket expenses necessarily incurred in performing those services.

Powers under The Evidence Act

7(8) For the purpose of carrying out their functions and duties under this Act, the members of the review commission have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.

8(1) The Lieutenant Governor in Council may establish a board of reference consisting of such number of persons as the Lieutenant Governor in Council may determine, which shall have jurisdiction as designated in the order creating it and as may otherwise be conferred upon it under this Act and the regulations.

Term of office

8(2) A member of the board of reference shall hold office for such term as may be fixed in the order appointing him, not exceeding two years, but a member may be appointed for a further term.

Quorum

8(3) In the order establishing the board of reference, the Lieutenant Governor in Council shall fix the number of members thereof that constitute a quorum.

Remuneration

8(4) Each member of the board of reference, other than a person who is in receipt of remuneration for duties performed

(a) as a member of the civil service of the government; or

(b) as a member or employee of a board, commission, corporation or other similar body that is appointed or controlled by, or is under the authority or direction of the government;

may be paid such remuneration as may be fixed by the Lieutenant Governor in Council; and each member of the board of reference may be paid the amount of such out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board of reference as may be approved by the Minister of Finance.

Secretary of board of reference

8(5) The minister may designate an employee of the department to act as the secretary of the board of reference.

Rules of procedure

9(1) The board of reference may, subject as herein provided, make rules to govern its own procedure.

Powers under Manitoba Evidence Act

9(2) The members of the board of reference, for the purpose of carrying out their duties and functions under this Act and the regulations have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.

Fixing date of hearing

9(3) If a request is made or a matter is referred to the board of reference under this Act or another Act, the board shall fix the date on which, and the time and place at which, it will hold a hearing with respect to the matter and the date so fixed shall be not less than two weeks after the date of the mailing or of the publication of notices as hereinafter required, whichever date is the later.

(b) to the council of each municipality that, or any part of which, is within a school division or school or school district named in the matter referred;

(c) to the resident administrator of each local government district involved;

(d) to the council of the Indian Band concerned; and

(e) to the owner of each parcel of land, mentioned in the matter referred, wherever practical;

(f) [repealed] S.M. 2002, c. 8, s. 7;

a written notice giving a brief description of the matter referred and stating the date on which, and the time and place at which, it will be considered and the board of reference shall also cause a copy of the notice to be published at least once in a newspaper having a circulation in the area in which the municipalities, school divisions or school districts, interested in the matter are situated.

Hearing

9(5) On the date, and at the time and place stated in the notice, the board of reference shall sit and hear any person interested in the matter or any person on his behalf.

Limitations on board transferring land

9(5.1) The board of reference may make an award in respect of a request under clause 5(a), (b) or (c) only if the board is satisfied that the transfer, addition or removal of land

(a) is for an educational purpose;

(b) does not result in rights, property, debts, obligations, liabilities or employees of a school division or school district being transferred to another school division or school district without the consent of the respective school divisions or school districts; and

(c) does not have a materially detrimental impact on the ability of either of the affected school divisions or school districts to meet the educational needs of pupils within their boundaries or area.

(a) specify the territory being transferred, added or removed and establish the boundaries or area of the affected school divisions and school districts; and

(b) give any other orders and directions that may be necessary to dispose of the matter.

Content of award — amalgamation

9(6.2) An award of the board under clause 5(d) that forms a new school division or school district by amalgamating school divisions or school districts, or both,

(a) must specify the name of the division or district formed, and specify the effective date of its formation and the incorporation of its school board;

(b) must establish its boundaries or area;

(c) must establish

(i) the wards into which it is to be divided for electoral purposes, and the boundaries of each ward,

(ii) the total number of trustees, which must not be fewer than five or more than nine, and

(iii) the number of trustees to be elected in each ward;

(d) must, pending the next general election,

(i) provide for the first election of trustees, including making all arrangements for that election in accordance with subsection 152(2) of The Municipal Councils and School Boards Elections Act, or

(ii) establish an interim school board, including providing for any matter specified in subclauses 12.2(b)(i) to (v);

(e) must dissolve the school boards of the divisions and districts that participated in the amalgamation;

(f) may make provision for the transfer of rights and property, debts, obligations and liabilities, and employees;

(g) may fix the costs of the hearing, and specify the persons by whom they are payable; and

(h) may give any other orders and directions that may be necessary to dispose of the matter.

Award is final

9(7) An award of the board of reference is final and has effect in accordance with its terms. But this subsection does not preclude an application to the Court of Queen's Bench for judicial review respecting the award.

Award filed as regulation

9(7.1) The board of reference shall file those portions of an award which deal with those matters set out in clauses (6)(b), (6.1)(a) and (6.2)(a) to (e) as a regulation under The Statutes and Regulations Act.

9.1 A school division, school district, remote school district, northern school division or the francophone school division is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.

9.2The School Divisions and Districts Establishment Regulation, Manitoba Regulation 109/93, is validated and declared to have been lawfully made, and

(a) every award of the board of reference made after December 13, 1988 and before the coming into force of this section that would have been lawful had that portion of the award that is required to be registered as a regulation been registered under The Regulations Act as soon as the award had effect under subsection 9(7); and

(b) everything done pursuant to any award described in clause (a) that would have been lawfully done had that portion of the award required to be registered as a regulation been registered as described in clause (a);

9.3 The School Division and School District Amalgamation (2002) Regulation, Manitoba Regulation 61/02, made by the minister and confirmed by the Lieutenant Governor in Council in the School Districts Amalgamation (2002) Confirmation Regulation, Manitoba Regulation 63/02, in accordance with section 7 is validated and declared to have been lawfully made, and everything done pursuant to that regulation is validated and declared to have been lawfully done.

10 For the purposes of sections 11 and 12, the expression "school corporation" means a school division or a school district.

Transmission, etc. without fee

11 Where the title to any land that is registered in the name of a school corporation becomes, under any provision of this Act, vested in another school corporation

(a) every application for transmission and every other instrument under The Real Property Act, required to be registered or filed in order to permit the issue of a certificate of title to the land in the name of the other school corporation; and

(b) every deed or other instrument under The Registry Act required to be registered in order to evidence the transfer of the title of the land to the other school corporation;

if properly executed and completed as required by law, shall be registered or filed by the district registrar of the proper land titles office, without charge or payment of any fee for transmission, registration, filing or otherwise.

(b) a school district that has been declared to be a school division; or

(c) a school division that has been formed by the consolidation of two or more school divisions or school districts;

takes office, every teacher who was employed by a school corporation within the new school division shall be deemed to be employed by and his contract assigned to, the new school corporation without any loss or abatement of the rights, privileges and obligations conferred upon or enjoyed by the teacher prior to that date.

Rights, duties and obligations of new school corporation

12(2) The new school corporation referred to in subsection (1) has the same rights, duties and obligations with respect to the teacher deemed to be employed by it as the school corporation by which he was formerly employed had, whether under contract, by virtue of any Act or otherwise, immediately prior to the date on which the new school board took office.

Transfer of special moneys to L.G.D.

12(3) Where a school corporation is dissolved by an award or order of the board of reference or by a regulation made under section 12.2, if the school corporation has among its assets moneys received under The Unconditional Grants Act, those moneys shall be transferred by the school corporation to the resident administrator of the local government district in which the school corporation was situated to be used for the purposes of providing and maintaining municipal services in the area previously comprising the school corporation and, if a dispute arises in respect of the moneys or the amount thereof, the matter shall be referred by the minister to the board of reference and its decision in respect thereof is final and binding on all persons affected thereby.

Disposition of property on school site

12(4) Where a school corporation is dissolved by an award or order of the board of reference or by a regulation made under section 12.2, if on property previously owned by the school corporation, there is situated a fixture or other property, real or personal, which did not belong to the school corporation, the minister may refer to the board of reference established under section 8 the matter of the disposal of the fixture or other property so situated on the property previously owned by the school corporation and its decision in respect thereof is final and binding on all persons affected thereby.

Audit of school division or school district

12(5) Where a school corporation is dissolved, the secretary-treasurer of the school corporation shall forthwith turn over to the auditor of the school corporation, or if there is no auditor, to an auditor appointed by the minister, all books, documents and records of the school corporation and the auditor shall audit the books and records of the school corporation, and shall forward them, together with his report on the audit, to the school corporation which shall pay the costs of the audit.

12.3(1) If, as a result of a regulation made under section 7, all the territory of a former division is amalgamated and forms a single new division, all the rights and property, all the debts, obligations and liabilities and all the employees of the former division are transferred to the new division.

Amalgamation — two or more divisions

12.3(2) If, as a result of a regulation made under section 7, parts of the territory of a former division are transferred to and form part of two or more new divisions, the new divisions must make every reasonable effort to reach an agreement regarding the fair and equitable allocation between them of the rights and property, debts, obligations and liabilities, and employees of the former division.

Agreement to be filed with the minister

12.3(3) An agreement reached under this section must be filed with the minister.

(a) must provide that if, as a result of a regulation made under section 7, a school building or school site becomes located in a new division,

(i) the furnishings, equipment, teaching materials and other property located in or used in connection with that school building or site, and

(ii) the teachers and other employees of the former division whose primary workplace is that school building,

are transferred to the new division;

(b) must provide for the designation of a new division as the employer for each employee not provided for in clause (a);

(c) may provide for any employee who was providing services to more than one school on the effective date of the agreement or the arbitrator's report to continue to provide those services to schools in more than one new division on a cost-shared basis between those divisions;

(d) must provide for the transfer of all other rights and property, debts, obligations and liabilities, and employees of a former division to a new division; and

(e) must establish the date when the agreement or arbitrator's report takes effect.

Determination of "primary workplace"

12.3(8) For the purpose of subclause (7)(a)(ii), a school building is the primary workplace

(a) of a teacher, if the teacher teaches at that school building more than 50% of the time; and

(b) of an employee who is not a teacher, if the employee works at that school building more than 50% of the time.

No change in conditions for employees

12.3(9) An employee who is transferred to a new division under this section and who is not represented by a bargaining agent at the time of the transfer or after is deemed to be employed by, and his or her employment contract assigned to, the new division without any loss of the rights, privileges and obligations conferred upon or enjoyed by the employee before he or she was transferred.

Duties and responsibilities may be modified

12.3(10) Despite subsection (9), a new division may change the duties, responsibilities and title of an employee described in that subsection, and if the change is reasonably required as a result of a regulation passed under section 7, it does not amount to the constructive dismissal of the employee.

No compensation

12.3(11) Except as provided in an agreement or an arbitrator's report under this section, no compensation or damages are payable in connection with a regulation made under section 7 or a transfer under this section.

Effect of transfer re: rights and property etc.

12.3(12) On the effective date of the formation or continuation of a new division, or on the effective date of an agreement or arbitrator's report under this section,

(a) the rights and property and debts, obligations and liabilities transferred vest in and belong to the new division, and the former division ceases to have any jurisdiction or interest in them; and

(b) the rights and obligations of a party to an agreement with the former division are not affected

(i) by a change in the name of the former division or the new division, or

(ii) by reason only that the former division is not identical in any other way to the new division.

13 Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference, which may order

(a) that the remote school district be continued; or

(b) by regulation that the remote school district be dissolved; and

(c) the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.

(a) withdraw territory from a school division established under subsection (1); or

(b) subject to section 15, add further territory to a school division established under subsection (1), whether or not the territory is located north of the northern boundary of township 22 in the province; or

(c) create remote school districts within a school division established under subsection (1);

and with respect to a remote school district created under this subsection, the minister may make such regulations as are necessary for the proper operation thereof, including the making of grants.

15 The minister shall not include in a school division established under subsection 14(1), territory that is within or forms part of an established school division.

Appointment of official trustee

16(1) Upon the establishment of a northern school division, the minister may appoint an official trustee for the school division.

Salary

16(2) The minister shall fix the salary of an official trustee appointed under subsection (1), which shall be paid from the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

(a) sections 21.50 and 22, subsection 25(5) and sections 26 and 34; and

(b) The Municipal Councils and School Boards Elections Act;

apply, with such modifications as the circumstances require, to local school committees and the members of local school committees and, without limiting the generality of the foregoing, to the nomination and election of those members, and forthat purpose every reference in those provisions to a school board or a trustee or school trustee shall be read as a reference to a local school committee or a member of a local school committee as the case may be.

Qualifications of local school committee members

17(5) A person who has the qualifications set out in clauses 22(a), (b) and (d) and has been a resident of a particular ward for a period of at least six months as at the date of the election is qualified to be nominated and elected as a member of the local school committee established for that ward.

Functions of local school committees

17(6) A local school committee for a ward shall advise the area superintendent and the principal of each school in the ward with respect to school matters arising in the ward, and shall encourage the involvement of residents of the ward in those matters and, without limiting the generality of the foregoing, shall with respect to that ward

(a) make recommendations respecting the hiring of principals, teachers and other school staff personnel;

(b) make recommendations respecting the need to evaluate the performance of any person employed by the school board;

(b) give to each area advisory committee a name or numerical designation, or both, by which it shall be known;

(c) prescribe the number of members that each area advisory committee shall have;

(d) fix the term of office of each member of an area advisory committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected.

Election of area advisory committees

17(8) The members of each local school committee for a ward shall, within five days after their own election, elect one of their number as a member of the area advisory committee for the area in which the ward is located, and where an area has only one ward the members of the local school committee for the ward are the members of the area advisory committee for the area.

Vacancies on area advisory committees

17(9) Where a vacancy occurs in the membership of an area advisory committee before the expiry of a term of office, the local school committee whose member occupied the vacated position shall, within 10 days after the vacancy occurs, elect another one of its members to fill the vacancy for the unexpired balance of the term and thereafter until a successor is elected.

Functions of area advisory committees

17(10) An area advisory committee shall advise the area superintendent or the chief superintendent, as the case may be, with respect to school matters arising in the area, and shall encourage the involvement of residents of the area in those matters and, without limiting the generality of the foregoing, shall with respect to that area

(a) make recommendations respecting the hiring of the area superintendent, the area liaison officer and area support staff;

(b) make recommendations respecting the need to evaluate the performance of any person employed by the school board;

(c) review the proposed short and long term capital construction projects and make recommendations respecting their priority;

(d) review and make recommendations respecting the proposed annual budget and monthly expenditures;

(e) review and make recommendations respecting changes in policies, procedures, programs and activities; and

(f) review and make recommendations annually respecting the short and long term priorities for the area.

School board of northern school division

17(11) Except as in this Act otherwise provided, the provisions of the Act applying to a school board or the trustees of a school board apply to the school board of a northern school division or the trustees of such a school board, as the case may be.

Election of school board

17(12) The members of each area advisory committee of a northern school division shall, within 10 days after their own election, elect from among their number two persons as trustees of the school board of the school division, and the school board shall consist of the trustees so elected by all area advisory committees of the school division.

Vacancies on school board

17(13) Where the position of a trustee becomes vacant before the expiry of his or her term of office, the area advisory committee that elected the trustee shall, within 20 days after the date when the vacancy occurs, elect another trustee from among its members to hold office for the unexpired balance of the term and thereafter until a successor is elected.

17.1(1) For Frontier Collegiate Institute, located in Cranberry Portage, the minister may make regulations

(a) establishing an advisory committee to be known as the Frontier Collegiate Institute advisory committee;

(b) specifying the size and structure of the committee; and

(c) providing for the membership of the committee, including how members are to be nominated and the length of their terms.

Function of Frontier Collegiate Institute advisory committee

17.1(2) The Frontier Collegiate Institute advisory committee is to advise the area superintendent and the principal with respect to school matters concerning the collegiate and is to encourage community involvement in the collegiate. Also, the committee is to conduct the reviews and make the recommendations set out in clauses 17(6)(a) to (f).

18(1) In addition to the specific powers, duties and functions set out in this Part, an official trustee appointed under subsection 16(1) has and may perform with respect to any school operated by the school division all the powers, duties and functions that may be exercised or performed by

(a) an official trustee under this Act; and

(b) a school board.

Special powers of official trustee

18(2) An official trustee of a school division appointed under subsection 16(1) may

(a) arrange for transportation for pupils attending schools within the school division;

(b) arrange for living accommodation and necessities for pupils attending schools within the school division;

(c) with the approval of the minister, establish one or more secondary schools within or without the school division for the education of pupils residing within the school division and determine the courses to be offered thereat;

(d) with the approval of the minister, establish and provide for a residence for students attending any secondary schools established under clause (c); and

(e) employ and pay teachers and other employees required for the operation of the school division and the schools and residences established and operated by the school division.

Estimate of approved expenses

19 In each year the school board of any northern school division established under section 14 shall prepare in accordance with the provisions of Part IX to the extent that they are applicable, an estimate of the approved expenses and revenues for all schools operated in the school division, including grants and support payable or to be provided to the school division for the current year and shall submit the estimate to the minister for his approval.

20(1) Where a municipality or a local government district that is wholly or partly included in a northern school division receives notice of apportionment as provided in section 183, it may appeal the apportionment and subsections 191(5) and (6) apply with such modifications as the circumstances require.

Levies

20(2) Where a municipality or a local government district all or part of which is within a northern school division receives a notice of the amount apportioned to the municipality or local government district under this Act and of the amount allocated to the municipality or local government district under Part IX, the sections pertaining to the collection and payment of the amounts apportioned apply.

Special grants

21 The minister, with the approval of the Lieutenant Governor in Council, may make such additional grants or provide such additional support as he deems advisable to a northern school division established under subsection 14(1) for the purposes of capital and operating expenditures.

"Charter" means the Canadian Charter of Rights and Freedoms; (« Charte »)

"entitled person" means

(a) a resident of Manitoba whose first language learned and still understood is French,

(b) a Canadian citizen resident in Manitoba who has received at least four years of primary school instruction in a francophone program in Canada, or

(c) a Canadian citizen resident in Manitoba who is the parent of a child who is receiving primary or secondary school instruction in a francophone program in Canada or who has received not less than four years of such instruction; (« ayant droit »)

"francophone program" means a primary or secondary educational program that provides classroom instruction in the French language and is designed for pupils whose first language learned and understood is French; (« programme français »)

"programme d'accueil" means a program designed to improve the French language skills of pupils whose French language skills do not meet the language requirements of the francophone program; (« programme d'accueil »)

"provider school board" means the school board of a school division or school district that operates a francophone program that is or may be designated for transfer to the francophone school board under section 21.27; (« cédant »)

21.2(1) Not later than eight months after this Part comes into force, the Lieutenant Governor in Council shall, by regulation, establish a francophone school division and specify its name and boundaries or area.

Regions

21.2(2) The regulation made under subsection (1) shall divide the francophone school division into regions and specify the name of each one and its boundaries or area.

Amendment

21.2(3) The Lieutenant Governor in Council may amend the regulation made under this section when it considers it advisable to do so.

21.6(1) The francophone school board may enter into agreements with other school boards or the minister, or both, regarding

(a) the provision by the francophone school board of programs outside its boundaries or in schools it does not operate; and

(b) the payment or sharing of costs respecting the delivery of those programs.

Directed agreement

21.6(2) If the minister considers it advisable to do so or necessary under section 23 of the Charter, the minister may direct the francophone school board and another school board to enter into an agreement under subsection (1), and in that case the minister may set some or all of the terms of the agreement.

21.15(1) Subject to subsection (2), the francophone school board shall admit to a program it provides under section 21.5,

(a) any resident pupil at least one parent of whom is an entitled person; and

(b) if it is reasonably practicable to do so, any non-resident pupil at least one parent of whom is an entitled person.

Admission of non-fluent children

21.15(2) The francophone school board may require a pupil whose French language skills do not meet the language requirements of the francophone program to attend a programme d'accueil for a period of time determined by the board.

Board may require information from parent

21.15(3) The francophone school board may require the parent of a child to provide any information the board requests to establish that the parent is entitled to have the child attend a program provided by the board.

Entitlement of children in transferred program

21.15(4) Even if a parent is not an entitled person, if a child attends a francophone program that is designated for transfer to the francophone school board under section 21.19, the parent of the child is entitled to have that child continue to attend the transferred program, and the francophone school board shall admit the child at the parent's request.

Admission of other children

21.15(5) The francophone school board may admit any other child whose parents have made a written request for admission to the board.

Non-resident pupils: programs and costs

21.15(6) When non-resident pupils attend a program provided by the francophone school board, the home school division shall pay a fee to the francophone school division in an amount prescribed by regulation.

21.17 Either a parent or the francophone school board may ask the minister to review a decision of the board as to the parent's entitlement under subsection 21.15(1) or (4) to have his or her child attend a program provided by the board, and the minister shall appoint a person or persons to make a final determination as to entitlement.

21.22(1) When a school is to be transferred to the francophone school board for its exclusive use the right to possession and ownership or any other interest of the provider board in the lands, buildings, furnishings, equipment, teaching materials and all other property on or used in connection with the school vests, on a date determined by regulation, in the francophone school board, and the provider school board ceases to have any jurisdiction or interest in the property.

Transfer of ownership: shared use schools

21.22(2) When a school is transferred to the francophone school board subject to the right of the provider school board to share the use of the school, the right to possession and ownership or any other interest of the provider board in

(a) the lands and buildings used in connection with such schools; and

(b) the furnishings, equipment, teaching materials and other property used primarily in connection with the francophone programs located in those schools;

vests in the francophone school board on a date determined by regulation, and the provider school board ceases to have any jurisdiction or interest in the property other than its right to share the use of that school in accordance with an agreement under section 21.23.

Transfer without compensation

21.22(3) The transfer of possession or ownership or other interest in property under subsections (1) and (2) is to be made without compensation, subject to existing contractual liabilities and obligations of the provider school board that relate to the property.

Liabilities and obligations

21.22(4) The contractual liabilities and obligations described in subsection (3) cease to be the responsibility of the provider school board on the date of the transfer.

21.23 When the use of a school is to be shared, the provider school board and the francophone school board shall enter into an agreement respecting the details of that shared use, and the agreement may include a procedure for periodic review or termination of the shared use arrangement.

21.24(1) If there is a dispute between the francophone school board and the provider school board about

(a) what furnishings, equipment, teaching materials and other property are located on or used in connection with a school under subsection 21.22(1);

(b) what furnishings, equipment, teaching materials and other property are used primarily in connection with a francophone program under clause 21.22(2)(b);

(c) the nature of any other obligations and liabilities that it would be appropriate for the francophone school board to assume as a result of the transfer of property; or

(d) the content of an agreement to be entered into under section 21.23;

either board may refer the matter to the committee established under this section for its determination.

Minister may refer a matter

21.24(2) In addition, the minister may refer to the committee any other matter related to the transfer or shared use of any school for its advice and opinion or its determination.

Committee

21.24(3) The committee shall consist of three persons, one of whom is named by the francophone school board, one of whom is named by the provider school board and one of whom is named by the minister.

Authority of committee

21.24(4) When a matter is referred to the committee for its determination, the committee shall finally determine the matter and may, if the dispute is about what the terms of an agreement under section 21.23 should be, prescribe those terms.

Committee's determination binding

21.24(5) A determination by the committee is final and binding on the parties.

Costs

21.24(6) Each party is responsible for the fees and expenses of its nominee to the committee and for an equal share of any other fees and expenses related to the determination of the matter by the committee.

(a) that a francophone program be transferred from a provider school board to the francophone school board; and

(b) to ensure that there are premises in which to provide that francophone program,

(i) that a school be transferred from the provider school board to the francophone school board, either for the exclusive use of the francophone school board or subject to the right of the provider school board to share the use of the school, or

(ii) that the francophone school board be entitled to share the use of a school operated by the provider school board.

21.26(1) If a referral is made under subsection 21.25(3), the board of reference shall

(a) determine whether a hearing should be held in the French language or in both the French and English languages;

(b) hold a hearing in accordance with subsections 9(3) (fixing a date for the hearing) and 9(5) (hearing); and

(c) take steps to determine the wishes of entitled persons whose children are enrolled in the francophone program that is the subject of the request, subject to any requirements specified in the regulations.

Notice of hearing

21.26(2) The board of reference shall send a notice that describes the matter and sets out the date, time and place for the hearing and the process for determining the wishes of entitled persons to

(a) the provider school board;

(b) the francophone school board; and

(c) the entitled persons whose children are enrolled in the francophone program that is the subject of the request.

Publication of notice

21.26(3) The board of reference shall ensure that a copy of the notice is published at least once in a newspaper having circulation in the school division or school district of the provider school board.

21.27(1) If the report under subsection 21.26(4) indicates that the request should be granted, the Lieutenant Governor in Council shall, by regulation, designate the francophone program to be transferred to the francophone school board and specify the matters set out in subsection 21.19(2).

Transfer of program and property

21.27(2) Subsection 21.19(3) and sections 21.22 to 21.24 apply when a francophone program is designated for transfer under this section.

21.30(1) The francophone school board shall, on or before June 1 in the year it first provides programs under section 21.5, prepare a written plan for the approval of the minister describing the means by which it proposes to meet its obligations under this Act for the transportation of pupils.

Directed agreement

21.30(2) If the minister considers it advisable to do so, the minister may direct the francophone school board and any provider school board to reach an agreement about the transportation of pupils or the transfer or shared use of existing school buses, and if no agreement is reached the minister may

(a) direct the terms of such an agreement; or

(b) refer the matter to the committee established under section 21.24, in which case subsections 21.24(4), (5) and (6) apply with necessary modifications.

21.31(1) To ensure that its pupils master the French language, the francophone school board shall provide at least 75% of its classroom instruction in each grade in the French language.

English as subject of instruction

21.31(2) To ensure that its pupils develop and maintain proficiency in the English language, the francophone school board shall require English to be a subject of instruction in every class in Grades IV to XII in the francophone school division, but the time allotment for English in each grade must not exceed 25% of classroom instruction.

Exception for first three years

21.31(3) For not more than three years after a francophone program is transferred to the francophone school board, the board

(a) [repealed] S.M. 2002, c. 21, s. 19;

(b) may, in the case of a program designated for transfer under section 21.27;

permit less than 75% of classroom instruction to be provided in the French language for pupils who attended the francophone program before the transfer, if less than 75% of classroom instruction in the transferred program was in the French language.

Exception for technical and vocational programs

21.31(4) The francophone school board may permit less than 75% of classroom instruction to be provided in the French language for pupils attending a francophone technical or vocational program, if in the opinion of the board there are sound pedagogical and financial reasons to do so.

(a) support provided under Part IX and grants that may be provided under Part X, including any support or grant that may be provided to enable the francophone school division to deliver the instruction required by section 23 of the Charter;

(b) for pupils who reside within the boundaries of the francophone school division, payments from each school division, equivalent to the total raised by the special levy on assessable property, divided by the number of pupils resident in that school division attending public schools, multiplied by the number of pupils resident in that division attending a program provided by the francophone school board;

(c) for non-resident pupils attending a program provided by the francophone school board, payment of fees by the pupil's home school division as may be prescribed by regulation;

(d) where the francophone school board provides a program outside the francophone school division or in schools it does not operate, payment by the other school division of such fees and charges as are required under section 21.6.

(b) the common-law partner of an entitled person who has cohabited with the entitled person for a period of at least 12 months immediately before the election.

Qualifications of voters

21.37(2) A person is entitled to vote in an election of trustees of the francophone school division if on the day of the election he or she

(a) is 18 years of age or older;

(b) is a Canadian citizen who has been a resident of Manitoba for at least six months;

(c) is a parent

(i) whose child is enrolled in a program provided by the francophone school board, or

(ii) who resides in an electoral division of the francophone school division, and is an entitled person who in the year before the general election requested the francophone school board to provide instruction for his or her school-age child, but whose child is not yet enrolled in a program provided by the francophone school board; and

(d) is not disqualified under this Act or any other Act, and is not otherwise prohibited by law, from voting in school division or school district elections.

Additional voters determined by regulation

21.37(3) In addition, any other class of entitled persons prescribed by the regulations is entitled to vote in an election of trustees of the francophone school board.

21.38(1) Subject to subsection (2), a person is qualified to be nominated for and elected as a trustee of the francophone school division if

(a) the person

(i) is entitled to vote under section 21.37, and

(ii) is able to participate in the conduct of school division business in the French language; or

(b) the person

(i) is able to participate in the conduct of school division business in the French language,

(ii) is 18 years of age or older on the day of the election, and

(iii) is a Canadian citizen who has been a resident of the electoral division for at least six months on the day of the election.

Persons not qualified

21.38(2) A person is disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee of the francophone school division if he or she is

(a) a pupil in regular attendance of the francophone school division;

(b) elected or appointed as a member of the Legislative Assembly, the Senate or House of Commons of Canada, or the council of a municipality;

(c) elected or appointed to the board of another school division or school district; or

(d) disqualified under this Act or any other Act, or is otherwise prohibited by law, from being a trustee.

Employee elected as trustee

21.38(3) An employee of the francophone school division is disqualified from serving as a trustee of that division unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate).

21.43 For the purpose of this Part, the Lieutenant Governor in Council may make regulations

(a) assigning duties to the francophone school board in addition to those described in subsection 21.5(1);

(b) for the purpose of subsection 21.2(2),

(i) establishing the area of each electoral division of the francophone school division, and

(ii) specifying the total number of trustees to be elected to the francophone school board and the number to be elected in each electoral division;

(c) determining the date of transfer of francophone programs and property for the purposes of subsection 21.19(3) and subsections 21.22(1) and (2);

(d) for the purpose of clause 21.26(1)(c), respecting the method by which the board of reference is to determine the wishes of entitled persons and respecting any guidelines the board must consider in determining whether a request should be granted;

(e) respecting the election of trustees of the francophone school board including, but not limited to,

(i) specifying when elections are to be held,

(ii) respecting the nomination of candidates and the conduct of elections,

(iii) for the purposes of subclause 21.37(2)(c)(ii) specifying when and in what manner a person must indicate a wish to have instruction provided for his or her child,

(iv) for the purpose of subsection 21.37(3), specifying additional classes of persons who are entitled to vote in elections, and

(v) respecting elections to fill vacancies;

(f) and (g) [repealed] S.M. 2002, c. 21, s. 23;

(g.1) for the purposes of subsection 21.15(6) and clause 21.34(c), prescribing fees a home school division must pay the francophone school division for non-resident pupils;

(h) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable.

22(1) A person is qualified to be nominated for and elected as a trustee of a school board, if the person

(a) is a Canadian citizen;

(b) is of the full age of 18 years, or will be of the full age of 18 years at the date of the election;

(c) is an actual resident in the school division or school district, and will have been so for a period of at least six months at the date of the election; and

(d) is not disqualified under any other provision of this Act or under any other Act, and is not otherwise by law prohibited, from being a trustee or from voting at elections in the school division or school district.

Persons who are disqualified

22(2) The following persons are disqualified from being nominated for election as a trustee and from being elected or remaining as a trustee:

(a) a member of the Legislative Assembly or the Senate or House of Commons of Canada;

(b) [repealed] S.M. 2005, c. 27, s. 165;

(c) a pupil in regular attendance at a school within the same school division or school district.

Employee elected as trustee

22(3) An employee of the same school board, school division or school district is disqualified from serving as a trustee unless he or she takes a leave of absence under subsection 48.1(4) (leave of absence for elected candidate).

24(1) Except as provided in sections 17 and 21.4, a school board must have not fewer than five or more than nine trustees.

Establishing the size of school board

24(2) The number of trustees to be elected for a school division or school district is the number prescribed

(a) in the regulation forming the school division or school district;

(b) in an award of the board of reference; or

(c) in a by-law of the school board passed and approved in accordance with section 57.

Referral to board of reference

24(3) If a school board has fewer than five or more than nine trustees, the minister may refer the matter to the board of reference, and the board shall deal with the referral as provided for in section 9. But no referral is to be made where, as a result of a regulation made under section 24.2, a school board has more than nine trustees.

24.2(1) If the council of a band has entered into an agreement with a school board under clause 48(1)(q), the minister may by regulation establish its reserve as a separate ward of that school division.

Considerations

24.2(2) In determining whether to make a regulation under subsection (1), the minister is to consider the following factors:

(a) whether there is a school located on the reserve, and if there is, whether it provides education in all grades;

(b) whether, in his or her opinion, the number of students attending school off the reserve and in the school division warrants the band being represented on the school board;

(c) the historical relationship between the band and the school board, including whether the band was represented on the board previously.

(b) the number of trustees for that school division is increased, from that prescribed in the regulation forming the school division, an award of the board of reference or in a by-law passed and approved in accordance with section 57, by one trustee; and

(c) the first trustee for that ward must be elected as provided for in section 26.

Residency requirements

24.2(5) For the purpose of qualifying to be elected and to serve as a trustee for a ward established under this section, or to vote in the election of such a trustee,

(a) in clause 22(1)(c), "in the school division or school district" shall be read as "of the reserve";

(b) in clause 39.8(e), "the school division or school district" shall be read as "the reserve"; and

(c) in clause 22(1)(b) of The Municipal Councils and School Boards Elections Act, "local authority" shall be read as "reserve".

24.3(1) Despite any other provision of this Act, the minister may by regulation dissolve a ward established under section 24.2 if

(a) the agreement between the school board and the band entered into under clause 48(1)(q) has ended; or

(b) in the opinion of the minister, the number of students attending school off the reserve and in the school division no longer warrants the band being represented on the school board.

Matter of numbers referred to board of reference

24.3(2) Before dissolving a ward under clause (1)(b), the minister may refer to the board of reference the matter of whether the number of students attending school off the reserve and in the school division warrants the band being represented on the school board.

Hearing and recommendation of board of reference

24.3(3) Subsections 9(3), (4), and (5) apply, with necessary changes, when a matter is referred to the board of reference under subsection (2). After holding a hearing, the board must make a recommendation about the matter, and must cause a copy of its recommendation to be sent to those described in subsection 9(10).

Seat forfeited

24.3(4) The trustee of a ward that is dissolved by a regulation under this section immediately forfeits his or her seat.

25(1) Notwithstanding any provision of any other Act of the Legislature and except as otherwise provided in this Act or in the order or award establishing or altering the school division or school district, each trustee shall hold office for a term of four years, and thereafter until his successor is elected or appointed and takes office.

(a) no return is made for one or more wards or voting subdivisions in consequence of non-election owing to interruption from any cause; or

(b) a person elected to a school board neglects or refuses to accept office or to make the necessary declarations of office within the time required; or

(c) a vacancy occurs on the school board caused by reason of the resignation of the chairman or other member of the school board, by death, by judicial decision or otherwise; or

(d) a vacancy is about to occur due to the receipt by the secretary-treasurer of a resignation under section 39;

the chairman of the school board for the time being, or, in the case of his absence or of his office being vacant, the secretary-treasurer, or, in the case of the like absence or vacancy in the office of the secretary-treasurer, one of the trustees shall, forthwith, by warrant, under the signature of the chairman, secretary-treasurer or trustee, as the case may be, require the senior election official to hold a new election to fill the vacancy.

Vacancy in final year of term

26(2) Where the vacancy occurs in the 12 months before the next general election, the school board may resolve not to fill the vacancy.

Warrant for new election

26(3) Where the non-election, neglect or refusal or other vacancy occurs previous to the organization of the school board for the year, the warrant for the new election shall be issued by the chairman or a trustee of the school board, for the previous year, or by the secretary-treasurer in the manner provided in subsection (1).

Organization of board despite irregularity

26(4) The non-election, neglect, or refusal or other vacancy does not prevent the immediate organization of the new school board if a majority of the full number of the school trustees is present.

New election to fill vacancy

26(5) Upon a warrant being issued, the senior election official must hold a new election to fill the vacancy. Election day for the election must be as soon as reasonably practicable, but in fixing the day the senior election official must consider

(a) voter participation; and

(b) availability of persons to serve as election officials, and facilities to be used as voting places.

Vacancy after election

26(6) Except in the case of an interrupted election, if a trustee position is not filled at an election,

(a) the members of the new school board if they constitute a majority of the school board; or

(b) if the members of the new school board do not constitute a majority of the full school board, the members of the school board for the last preceding year or a majority of them;

shall appoint, where necessary, as many qualified persons as will constitute or complete the number of trustees requisite for the school board.

28(1) The Lieutenant Governor in Council may appoint an official trustee for any school division or school district, the affairs of which are not being or cannot be, in his opinion, satisfactorily managed by the school board of that school division or school district, as the case may be.

(a) has all the powers and authority conferred by this Act upon a school board and upon its officers;

(b) shall comply with the provisions of this Act relating to school boards in so far as they apply to him; and

(c) shall be remunerated out of the funds of the school division or school district or otherwise, as the Lieutenant Governor in Council may decide.

Retirement of former officials

28(3) Upon the appointment of an official trustee under this section for any school division or school district, all other trustees and officials of the school division or school district, if any, shall cease to hold office and after a proper audit they shall forthwith deliver to the official trustee all moneys, books and records, pertaining to the school division or school district to be retained by him while he holds office.

Retirement of official trustee

28(4) The Lieutenant Governor in Council may, either on his volition or on petition signed by at least 50% of the voters of the school division or school district, arrange for the election of a school board for the school division or school district and, upon the trustees being elected and taking office, the appointment of the official trustee appointed under subsection (1) shall terminate.

Appointment of deputies

28(5) Where the Lieutenant Governor in Council before or after the coming into force of this Act has appointed or appoints any officer of the department as official trustee of a school division or school district, he may also appoint any one or more members of the staff of the department to be a deputy of the official trustee so appointed and to act during his absence or incapacity from any cause and may, by the order, direct that each deputy shall have all the powers and duties of the official trustee or only such of them as may be specified in the order and each deputy shall have, exercise and discharge the powers and duties as set out in the order.

Reporting positions of trust

28(6) An official trustee appointed under this section shall report to the minister all occupations of trust as is required for secretary-treasurers under subsection 53(5).

29(1) The first meeting of the school board of a school division or school district following the general election of trustees shall take place within 14 days after the election on a day and at an hour to be fixed by the secretary-treasurer of the school division or school district who shall notify each trustee of the date, time and place of the meeting.

Election of chair and vice-chair

29(2) From among the trustees present, the secretary-treasurer must conduct an election of a chair and a vice-chair of the board. The election must be held

(a) in a year a general election is held, at the first meeting of a school board after the general election; and

(b) in any other year, at the first meeting of a school board in September.

Trustee may conduct election

29(2.1) If the secretary-treasurer is absent when an election under subsection (2) is to be held, the trustees must select from among themselves a trustee to conduct the election, and the trustee selected is entitled to vote in the election.

Term of chair and vice-chair

29(2.2) The chair and the vice-chair hold office until the next election held under subsection (2).

Tie vote

29(3) In the event of a tie vote in selecting a chairman or vice-chairman the school board shall determine by lot who shall cast the deciding ballot.

30(1) Notwithstanding subsection (2), the school board may hold a meeting at any time and any place to deal with an emergency situation if all the trustees consent thereto and are present thereat.

Notice of school board meetings

30(2) Notice of all school board meetings, regular and special, shall be given by the secretary-treasurer to all trustees so that the notice will be received at every trustee's designated address at least 24 hours before the meeting, by notifying each of them personally or in writing, stating the place, date and hour of the meeting.

Open meeting of school board

30(3) Every school board shall hold its meetings openly, and no person shall be excluded or removed from any meeting except for improper conduct.

30(5) At all meetings of the school board the chairman of the meeting shall

(a) maintain the order and proper conduct and decorum of the meeting; and

(b) decide questions of order, subject to an appeal to the rest of the board.

Removal of persons from meetings

30(6) Where, at a meeting of the school board, any person other than a member of the school board is, in the opinion of the chairman of the meeting, guilty of disorderly or improper conduct, the chairman of the meeting may require him to leave the meeting forthwith and if he fails to do so may cause him to be removed.

Chairman to preside

31 The chairman shall preside at the meetings of the school board and may vote with the other members on all questions and any question on which there is an equality of votes shall be deemed to be negatived.

Vice-chairman to preside

32 In the absence of the chairman, the vice-chairman shall preside and while so presiding he has all the powers of the chairman.

Rules of procedure

33(1) Subject to the provisions of this Act and the regulations, each school board shall pass by-laws establishing rules of procedure for the guidance of the school board in the conduct of its meetings.

Reversal of decisions

33(2) Subject to subsection (3), a question once decided by a school board shall not be reversed unless

(a) written notice of a proposal to reverse the decision has been given from at least one meeting to another; and

(b) a majority of the total number of trustees for the division votes in favour of the reversal.

Reversal by unanimous consent

33(3) A decision of a school board may at the same meeting at which it is made and by unanimous consent of all members present and voting thereon be reversed.

Powers of trustees in case of illegal election or vacancy

34 No resolution, by-law, proceeding or action, of any school board shall be invalid or set aside by reason of any person whose election as a member thereof has been annulled or declared illegal under this Act or any other Act of the Legislature, or who is not qualified under this Act, as the case may be, having acted as a trustee and, where the seat of any trustee becomes vacant, the remaining trustees shall carry on the work of the school board until his successor is elected or appointed and takes office.

Corporate acts must be done at school board meetings

35 An Act or proceeding of a school board that is not done or taken at a regular or special meeting of the school board, is not valid or binding on any person affected thereby.

TRUSTEE CODE OF CONDUCT

Code of conduct

35.1(1) A school board must establish a code of conduct that applies to trustees.

(i) act with integrity and in a manner that maintains the dignity of the office,

(ii) respect others who may have differing opinions, and

(iii) keep in confidence any personal or confidential information obtained in his or her capacity as a trustee and not disclose the information except when required by law or authorized by the school board to do so; and

(b) address any matter or incorporate any provision that is required to be addressed or included under a regulation made under section 35.4.

35.2(1) If a school board determines that a trustee has breached the code of conduct that applies to the trustee, the board may impose one or more of the following sanctions:

1.

Censuring the trustee.

2.

Barring the trustee from attending all or part of a meeting of the school board or a committee of the school board.

3.

Suspending the trustee from the school board, including suspending all the trustee's rights, duties and privileges as a member of the school board, for up to three months.

Motion re sanction

35.2(2) A motion to sanction a trustee is subject to the following rules:

1.

The motion may be debated at a board meeting that is closed to the public, but must be voted on in public.

2.

To be approved, a motion to impose a sanction under item 2 or 3 of subsection (1) requires an affirmative vote of 2/3 of all the members of the school board.

Sanctioned member not considered to be absent

35.2(3) When a sanction has been imposed under item 2 or 3 of subsection (1), it is considered to be an absence authorized by the school board.

Effect on indemnity

35.2(4) For certainty, in a by-law passed under subsection 56(1) a board may specify that the annual indemnity payable under that provision may be reduced as a result of a trustee being sanctioned under item 3 of subsection (1).

35.5 For the purpose of subsections 39.7(1) and (5), the provisions of a trustee code of conduct respecting a trustee's requirement to keep in confidence any personal or confidential information obtained in his or her capacity as a trustee and not disclose the information except when required by law or authorized by the school board to do so are deemed to be a provision of this Act.

(b) any child, natural or adopted, of the trustee who resides with the trustee; (« personne à charge »)

"direct pecuniary interest" includes a fee, commission or other compensation paid or payable to any person for representing the interests of another person, corporation, partnership or organization in a matter; (« intérêt financier direct »)

"ordinary resident" means

(a) in the case of a matter relating to an entire school division or school district, an ordinary resident of the school division or school district, and

(b) in the case of a matter relating to a part of a school division or school district, an ordinary resident of that part of the school division or school district; (« simple résident »)

"subsidiary" means a corporation that is a subsidiary of another corporation or of another subsidiary. (« filiale »)

Subsidiary corporation

36(2) A corporation is a subsidiary of another corporation when it is controlled by that other corporation.

Control

36(3) For the purposes of subsection (2), a corporation is controlled by another corporation where

(a) securities of the controlled corporation to which are attached more than 50% of the votes that may be cast to elect directors of the controlled corporation are held, other than by way of security only, by or for the benefit of the controlling corporation; and

(b) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the controlled corporation.

37(1) For the purposes of this Act, a person is presumed to have an indirect pecuniary interest in a matter where

(a) the person, or a nominee of the person,

(i) holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock, or

(ii) is a director or officer,

of a corporation that has, or a subsidiary of which has, a direct pecuniary interest in the matter; or

(b) the person is

(i) a partner of or employed by, or

(ii) a guarantor or surety for, or

(iii) a creditor of,

a person, corporation, partnership or organization who or which, or in the case of a corporation a subsidiary of which, has a direct pecuniary interest in the matter.

Exception for indemnity or expenses

37(2) For the purposes of this Act, a trustee is presumed not to have a direct or indirect pecuniary interest in any matter involving the indemnity, expenses or remuneration payable to trustees.

No pecuniary interest in certain transactions

37(3) For the purposes of this Act, a person, corporation, partnership or organization is presumed not to have a direct or indirect pecuniary interest in respect of

(a) any contract into which the person, corporation, partnership or organization enters with a school division or school district, on terms common to contracts between other persons, corporations, partnerships or organizations and the school division or school district,

(i) for the supply, provision or sale by the person, corporation, partnership or organization of a utility, service, article or merchandise to the school division or school district, or

(ii) for payment by the school division or school district, for the installation by the person, corporation, partnership or organization, of sewer or water connections or appliances, or

(iii) for the construction, by the person, corporation, partnership or organization, of any building approved by the Public Schools Finance Board and by the school division or school district; or

(b) official notices or advertisements inserted by a school division or school district, or subscriptions held by a school division or school district, at normal commercial rates, in or to a newspaper or other periodical publication of which the person, corporation, partnership or organization is the proprietor or in which the person, corporation, partnership or organization is otherwise interested; or

(c) bonds or debentures of the school division or school district held by the person, corporation, partnership or organization; or

(d) reasonable compensation received by the person, corporation, partnership or organization for providing work, goods or services to the school division or school district in an emergency.

Indirect pecuniary liability

37(4) For the purposes of this Act, a person is presumed to have an indirect pecuniary liability to another person or to a corporation, partnership or organization where

(a) the person, or a nominee of the person,

(i) holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock, or

(ii) is a director or officer, of a corporation which, or a subsidiary of which, has a direct pecuniary liability to the other person or to the corporation, partnership, or organization; or

(b) the person is

(i) a partner of or employed by, or

(ii) a guarantor or surety for, or

(iii) a creditor of,

a person, corporation, partnership, or organization who or which, or in the case of a corporation a subsidiary of which, has a direct pecuniary liability to the other person or to the corporation, partnership, or organization.

Interest or liability must be significant

37(5) For the purposes of this Act and notwithstanding any other provision thereof,

(a) where the direct or indirect pecuniary interest of any person, corporation, partnership or organization in a matter does not exceed the pecuniary interest of an ordinary resident in the matter, the person, corporation, partnership or organization shall be presumed not to have a direct or indirect pecuniary interest in the matter;

(b) where the direct or indirect pecuniary liability of any person to another person or to a corporation, partnership or organization does not exceed the pecuniary liability of an ordinary resident to the same person or to the same corporation, partnership or organization, the person shall be presumed not to have a direct or indirect pecuniary liability to the other person or to the corporation, partnership or organization; and

(c) no person shall be presumed to have a direct or indirect pecuniary interest in any matter, or a direct or indirect pecuniary liability to another person or to a corporation, partnership or organization, unless the value of the pecuniary interest or liability is $500. or more.

Appointments to commissions, boards and agencies

37(6) For the purposes of this Act, where a trustee is appointed to serve in an official capacity as trustee on any commission, board or agency, the trustee shall be presumed not to have a direct pecuniary interest in the appointment and shall not be presumed, solely by virtue of that appointment, to have

(a) an indirect pecuniary interest in any matter in which the commission, board or agency has a direct pecuniary interest; or

(b) an indirect pecuniary liability to another person to whom or to any corporation, partnership or organization to which the commission, board or agency has a direct pecuniary liability.

Employees of public bodies

37(7) For the purposes of this Act, where a person who is a trustee of a school division or school district is employed by

(a) the Government of Canada or a federal Crown agency; or

(b) the Government of Manitoba or a Crown agency thereof; or

(c) another school division or school district; or

(d) a municipality;

the person shall not be presumed to have

(e) an indirect pecuniary interest in a matter in which the person's employer has a direct pecuniary interest; or

(f) an indirect pecuniary liability to another person to whom, or to a corporation, partnership or organization to which, the person's employer has a direct pecuniary liability.

Contribution to budget

37(8) For the purposes of this Act, a corporation or organization shall not be presumed to have a direct pecuniary interest in a matter relating to a school division or school district solely by virtue of the fact that the corporation or organization is liable to pay a portion of the budget of the school division or school district under an agreement entered into with the school board thereof.

(a) in which a trustee or any of the trustee's dependants has a direct or indirect pecuniary interest; or

(b) involving the direct or indirect pecuniary interest of any person, corporation, subsidiary of a corporation, partnership or organization to whom or to which a trustee or any of the trustee's dependants has a direct or indirect pecuniary liability;

the trustee shall

(c) disclose the general nature of the direct or indirect pecuniary interest or liability;

(d) withdraw from the meeting without voting or participating in the discussion; and

(b) a meeting of any committee or subcommittee of a school board or any subcommittee of a committee on which the trustee sits.

Absence from meeting

38(3) Where a trustee fails to comply with subsection (1) at any meeting by reason of the absence of the trustee from the meeting, the trustee shall

(a) disclose the general nature of the trustee's direct or indirect pecuniary interest or liability at the next meeting of the same body before which the matter arose; and

(b) refrain at all times from attempting to influence the matter.

Record of compliance

38(4) Where a trustee complies with subsection (1), the clerk of the meeting shall record

(a) the disclosure;

(b) the general nature of the direct or indirect pecuniary interest or liability disclosed; and

(c) the withdrawal of the trustee from the meeting;

and the clerk of the meeting shall subsequently file with the secretary-treasurer

(d) the information recorded under clauses (a), (b) and (c); and

(e) a notation indicating whether the meeting in question was open to the public or closed to the public, or was a meeting the minutes of which are not open to the public.

R.S.M. 1987 Supp., c. 26, s. 3.

Central record of disclosures

39(1) The secretary-treasurer of every school division or school district shall keep a central record for purposes of recording information in accordance with subsections (2) and (3).

Information disclosed at open meeting

39(2) Where the meeting referred to in subsection 38(1) was open to the public, the secretary-treasurer shall record

(a) the disclosure;

(b) the general nature of the direct or indirect pecuniary interest or liability disclosed; and

(c) the withdrawal of the trustee from the meeting;

in the central record.

Information disclosed at closed meeting

39(3) Where the meeting referred to in subsection 38(1) was closed to the public or was a meeting the minutes of which are not open to the public, the secretary-treasurer of the school division or school district shall record

(a) the disclosure; and

(b) the withdrawal of the trustee from the meeting;

in the central record.

Central record open to public

39(4) The secretary-treasurer of every school division or school district shall make the central record referred to in this section available for inspection by any person, without charge, during normal business hours.

R.S.M. 1987 Supp., c. 26, s. 3.

Reduced quorum

39.1(1) Where by reason of withdrawals from a meeting under subsection 38(1), the number of trustees remaining at the meeting is not sufficient to constitute a quorum, then, notwithstanding the provisions of any Act of the Legislature or any rule of procedure or by-law of the school division or school district, the number of trustees remaining, if not fewer than two, are deemed to constitute a quorum for purposes of discussing and voting on any matter referred to in that subsection.

Application to minister

39.1(2) Where in the circumstances referred to in subsection (1) there would be fewer than two trustees remaining at a meeting of a school board, the school board shall apply to the minister who shall refer the matter to The Board of Reference.

Order of Board of Reference

39.1(3) Upon hearing an application brought in respect of a matter under subsection (2), The Board of Reference may order that

(a) subsection (1) does not apply to the school board in respect of the matter; and

(b) the school board may discuss and vote on the matter in the same manner as though none of the trustees or their dependants had any direct or indirect pecuniary interest or liability in or in relation to the matter;

subject only to such conditions and directions as The Board of Reference may prescribe.

Referral to school board of school district

39.1(4) Where in the circumstances referred to in subsection (1) there would be fewer than two trustees remaining at a meeting of a committee or subcommittee, the committee or subcommittee shall refer the matter to the school board, and the school board shall discuss and vote on the matter in place of the committee or subcommittee.

R.S.M. 1987 Supp., c. 26, s. 3.

Voidability of transaction or procedure

39.2 The failure of any trustee of a school board to comply with subsection 38(1) does not of itself invalidate

(a) any contract or other pecuniary transaction; or

(b) any procedure undertaken by the school board with respect to a contract or other pecuniary transaction;

to which the failure relates, but the transaction or procedure is voidable at the instance of the school board before the expiration of two years from the date of the decision authorizing the transaction, except as against any person, corporation, partnership or organization who or which acted in good faith and without actual notice of the failure.

R.S.M. 1987 Supp., c. 26, s. 3.

Statement of assets and interests

39.3(1) Prior to taking the oath or affirmation of office, every trustee of a school division or school district shall file with the secretary-treasurer of the school division or school district a statement disclosing assets and interests in accordance with subsection (4).

Notification of failure to comply

39.3(2) Where a trustee fails to comply with subsection (1), the secretary-treasurer shall forthwith notify the trustee in writing of the failure, and the trustee shall, within 30 days after receiving the notification, file the statement referred to in subsection (1).

Further statement after acquisition or disposal

39.3(3) Where after the filing of a statement under subsection (1) or (2) a trustee or any dependant of a trustee acquires or disposes of any asset or interest of a kind mentioned in subsection (4), the trustee shall within 30 days of the acquisition or disposal file with the secretary-treasurer a further statement disclosing the acquisition or disposal.

Assets and interests that must be disclosed

39.3(4) Subject to subsection (5), a trustee of the school board of a school division or school district filing a statement under subsection (1), (2) or (3) shall in the statement disclose

(a) all land in the school division or school district in or in respect of which the trustee or any of the trustee's dependants has any estate or interest, including any leasehold estate and any mortgage, licence or interest under a sale or option agreement, but excluding principal residence property;

(b) where the trustee or any of the trustee's dependants holds a beneficial interest in, or a share warrant or purchase option in respect of, 5% or more of the value of the issued capital stock of a corporation, all estates and interests in or in respect of land in the school division or school district held by that corporation or by a subsidiary of that corporation;

(c) the name of every corporation, and every subsidiary of every corporation, in which the trustee or any of the trustee's dependants holds a beneficial interest in 5% or more of the value of the issued capital stock, or holds a share warrant or purchase option in respect of 5% or more of the value of the issued capital stock;

(d) the name of every person, corporation, subsidiary of a corporation, partnership or organization that remunerates the trustee or any of the trustee's dependants for services performed as an officer, director, manager, proprietor, partner or employee;

(e) bonds and debentures held by the trustee or any of the trustee's dependants, excluding bonds issued by the Government of Canada, by the government of any province of Canada, or by any municipality in Canada, and also excluding Treasury Bills;

(f) holdings of the trustee or any of the trustee's dependants in investment funds, mutual funds, investment trust or similar securities, excluding Retirement Savings Plans, Home Ownership Savings Plans, accounts and term deposits held in banks, credit unions or other financial institutions, pension plans and insurance policies;

(g) any interest in property in the school division or school district to which the trustee or any of the trustee's dependants is entitled in expectancy under any trust, and any interest in property in the school division or school district over which the trustee or any of the trustee's dependants has a general power of appointment as executor of a will, administrator of an estate or trustee under a deed of trust;

(h) the nature, and the identity of the donor, of every gift given to the trustee or any of the trustee's dependants at any time after the coming into force of this section, excluding

(i) gifts from a family member,

(ii) gifts disclosed in any previous statement filed under subsection (1), and

(iii) gifts received before the trustee was first elected to the school board; and

(i) the general nature of any contract or other pecuniary transaction entered into at any time after the coming into force of this section between the school division or school district and

(i) the trustee or any of the trustee's dependants, or

(ii) any corporation referred to in clause (c), or

(iii) any partnership in which the trustee or any of the trustee's dependants is a partner,

but excluding

(iv) any such contract or other pecuniary transaction entered into before the trustee was first elected to the school board,

(v) any such contract or other pecuniary transaction disclosed in any previous statement filed under this section, and

(vi) any transaction in which the trustee or any of the trustee's dependants is presumed under section 37 not to have a direct or indirect pecuniary interest.

General exemptions

39.3(5) For the purposes of this section, no trustee of a school board is required

(a) to disclose any gift worth less than $250., unless the total value of all the gifts from the donor to the trustee and the trustee's dependants during the preceding year exceeded $250.; or

(b) to disclose any other asset or interest worth less than $500.; or

(c) to estimate the value of any asset or interest disclosed; or

(d) to disclose any asset or interest acquired by a dependant of the trustee

(i) prior to January 1, 1984, in the case of a trustee elected before January 1, 1987, and

(ii) in the case of a dependant of any other person susequently elected to the school board, more than two years before the person was elected to the school board for the first time after the coming into force of this section.

Continuing disclosure

39.3(6) Where a trustee or any of the trustee's dependants receives as a gift any of the assets or interests referred to in clauses 4(a) to 4(g), the trustee shall, notwithstanding that the gift has already been disclosed in a statement filed under this section, continue to disclose the asset or interest in every statement filed thereunder until the trustee or dependant disposes of the asset or interest.

Statements not available to public

39.3(7) Subject to subsections (8) and (9), the secretary-treasurer of a school division or school district shall not

(a) make any statement filed under this section available for inspection by any person; or

(b) reveal the contents of any statement filed under this section to any person.

Exception for trustees

39.3(8) Subsection (7) does not apply to a trustee who wishes to inspect, or to be informed of the contents of, any statement filed by the trustee under this section.

(a) provides details of a possible violation of this Act by a trustee of a school board; and

(b) indicates a specific asset or interest in respect of which the possible violation may have occurred;

the secretary-treasurer of the school division or school district shall examine the statements filed by the trustee under this section and shall in writing inform the person whether or not the statements disclose the specific asset or interest.

R.S.M. 1987 Supp., c. 26, s. 3.

Insider information

39.4(1) No trustee shall use, for personal gain or the gain of any other person, information that is not available to the public and that the trustee acquires in the performance of the trustee's official powers, duties and functions.

Compensation for services

39.4(2) No trustee of a school board shall receive or agree to receive any compensation, directly or indirectly, for services rendered or to be rendered by the trustee

(a) to any person, corporation, partnership or organization in relation to any by-law, resolution, contract, proceeding or other matter before the school board or any committee or subcommittee thereof, before any subcommittee of a committee or before any commission, board or agency on which the trustee serves in an official capacity as trustee; or

(b) in order to influence or attempt to influence any other trustee.

Use of influence

39.4(3) No trustee of a school division or school district shall directly or indirectly communicate with another trustee or with an officer or employee of the school division or school district for the purpose of influencing the school division or school district to enter into any contract or other transaction, or to confer any benefit, in which the trustee or any of the trustee's dependants has a direct or indirect pecuniary interest.

R.S.M. 1987 Supp., c. 26, s. 3.

Right to appear

39.5(1) Notwithstanding anything in this Act but subject to subsection (3), a trustee has the same right as any other resident of the school division or school district to appear before a meeting of the school board thereof for the purpose of representing the trustee's personal interests in any matter within the jurisdiction of the school board.

(ii) an offence under section 122 (breach of trust by public officer), 124 (selling or purchasing office) or 125 (influencing or negotiating appointments or dealings in office) of the Criminal Code (Canada).

Result of disqualification

39.6(1.1) When a trustee is disqualified under subsection (1), his or her seat becomes vacant as of the day a declaration is made under subsection 39.7(6) or section 39.8.

Eligibility at next election

39.6(1.2) A trustee who is disqualified under subsection (1) remains disqualified from being nominated for, or elected or appointed as, a trustee for four years after the day a declaration described in subsection (1.1) is made.

Disqualification for failure to file statement

39.6(2) The failure by a trustee to file a statement under subsection 39.3(1) is not a violation within the meaning of subsection (1) of this section, unless the trustee further fails to file the statement under subsection 39.3(2).

Effect on other business

39.6(3) Subject to section 39.2, no decision or transaction, and no procedure undertaken by a school division or school district with respect to a decision or transaction, is void or voidable by reason of the violation of a provision of this Act by a trustee.

39.7(1) Where it is alleged that a trustee has violated a provision of this Act, the school board of which the trustee is a member may direct the secretary-treasurer of the school board's school division or school district to apply by originating notice to a judge of the Court of Queen's Bench for a declaration that the trustee has violated a provision of this Act.

Application by voter to Q.B.

39.7(2) Where it is alleged that a trustee has violated a provision of this Act, and if there is no previous application outstanding or determined on the same facts, a voter may apply ex parte to a judge of the Court of Queen's Bench for authorization to apply for a declaration that the trustee has violated a provision of this Act.

Affidavit and security for application

39.7(3) A voter who files an ex parte application under subsection (2) shall

(a) file an affidavit showing details of the alleged violation; and

(b) pay into court the amount of $300. as security for the application.

Summary dismissal or authorizing of application

39.7(4) Upon hearing an ex parte application made under subsection (2), the judge may

(a) dismiss the application and order forfeiture of all or part of the security referred to in clause (3)(b); or

(b) authorize the applicant to apply to another judge of the Court of Queen's Bench for a declaration that the trustee has violated a provision of this Act.

Disposition after hearing

39.7(5) Upon hearing an application made under this section for a declaration that a trustee has violated a provision of this Act and such evidence as may be adduced, the judge may

(a) declare that the trustee has violated a provision of this Act; or

(b) refuse to make the declaration;

and may make the declaration or refuse to make the declaration, with or without costs.

Penalty for violation

39.7(6) Where a judge declares under subsection (5) that a trustee has violated a provision of this Act, the judge

(a) shall declare the seat of the trustee vacant; and

(b) may, where the trustee has realized pecuniary gain in any transaction to which the violation relates, order the trustee to make restitution to any person, including the school division or school district, affected by the pecuniary gain.

Unknowing or inadvertent breach

39.7(7) Notwithstanding anything in this Act, where a judge finds that a trustee violated a provision of this Act unknowingly or through inadvertence, the trustee is not disqualified from holding office and the judge shall not declare the seat of the trustee vacant in consequence of the violation.

Election not to preclude application

39.7(8) An application for a declaration that a trustee has violated a provision of this Act may be brought under this section notwithstanding that the trustee against whom the declaration is sought has resigned or did not seek re-election or was not re-nominated or was re-elected or defeated subsequent to the alleged violation of this Act.

Application for restitution

39.7(9) Notwithstanding anything in this Act, where any person, whether the person is or was a trustee or not, has realized pecuniary gain in any transaction to which a violation of this Act relates, any person affected by the pecuniary gain, including any school division or school district, may apply to a court of competent jurisdiction for an order of restitution against the person who has realized the pecuniary gain.

Limitation period for declaration

39.7(10) No application for a declaration that a trustee has violated a provision of this Act shall be brought under this section more than six years after the date of the alleged violation.

Limitation period for order of restitution

39.7(11) No application for an order of restitution under this section shall be brought more than six years after the date of the transaction that resulted in the alleged pecuniary gain.

No other proceedings

39.7(12) Proceedings to declare the seat of a trustee vacant, or for an order of restitution, in consequence of a violation of this Act, shall be had and taken only under the provisions of this Act and not by way of application for a writ of quo warranto or by a proceeding under any other Act of the Legislature or otherwise.

39.7.1(1) The minister may make regulations respecting the holding of school board meetings by electronic means, including providing that a trustee who participates in a regular meeting of a school board through electronic means is deemed to be present at the meeting for the purposes of this Act.

Minimum attendance required

39.7.1(2) Despite a regulation passed under subsection (1), every trustee must be physically present at a regular meeting at least once every three months.

39.8 A school board of a school division or school district shall declare a seat vacant and, subject to section 26, order an election to fill that seat when the trustee elected to that seat

(a) is deceased; or

(b) has submitted a resignation in writing to the secretary-treasurer of the school division or school district; or

(c) has failed to attend three consecutive regular meetings of the school board without authorization of the school board by resolution recorded in the minutes; or

(d) has been disqualified from holding office under this Act; or

(e) ceases to be a resident of the school division or school district.

R.S.M. 1987 Supp., c. 26, s. 3.

Bonding of officials

40(1) The secretary-treasurer of a school division or school district and any other person to whom a school board entrusts school moneys, shall be bonded by an insurer licensed to undertake guarantee insurance in the province to secure the due keeping of, accounting for and paying over of all school moneys or property that come into his hands.

(a) every official trustee appointed by the Lieutenant Governor in Council; and

(b) the secretary-treasurer and other persons entrusted with money or property of a school division or school district;

to be bonded under one or more general bonds covering, or each covering, the officials of several school divisions or school districts and the minister shall pay the premium charged for any such bond out of such moneys as may be authorized by an Act of the Legislature to be paid and applied for grants to public schools.

Execution of bonds

40(3) Where the minister causes a bond to be procured under subsection (2), the bond may be executed by the minister, or by the Minister of Finance, on behalf of the government notwithstanding that the government may have no insurable interest therein or may not be the employer of any person in respect of whose default, malfeasance, misfeasance, non-feasance, dishonesty or neglect of duty, the bond is issued or given or made and in any casewhere the government is not the employer of any such person the minister executing the bond shall be deemed to be the agent, attorney and trustee for that purpose for each of the school divisions or school districts in respect of the secretary-treasurer and other persons for whom the bond is issued, given or made, in so far as their respective interests may extend and the bond shall be binding on the guarantor or insurer therein named in accordance with the terms thereof.

Adequacy of bond

40(4) The adequacy of any bond provided under this section shall be determined by the school board.

Additional bond coverage

40(5) Where the school board determines that the bond coverage under this section is inadequate, it shall, at its own expense, obtain additional bond coverage for the persons involved.

PART III

POWERS AND DUTIES OF SCHOOL BOARDS AND EMPLOYEES OF SCHOOL DIVISIONS AND SCHOOL DISTRICTS

(a) provide adequate school accommodation for the resident persons who have the right to attend school as provided in section 259;

(a.1) provide, as may be directed or prescribed by the minister, appropriate educational programming for every

(i) pupil enrolled as provided for in section 58.4, and

(ii) resident person who has the right to attend school as provided in section 259;

(b) erect and maintain upon the school building or on the school grounds a flagstaff and shall cause the national flag of Canada to be

(i) flown on each day that the school is open, weather conditions permitting, or

(ii) prominently displayed in the school building when weather conditions do not permit the flag to be flown outdoors;

(b.1) ensure that each pupil enrolled in a school within the jurisdiction of the school board is provided with a safe and caring school environment that fosters and maintains respectful and responsible behaviours;

(b.2) ensure that a written policy is established respecting the appropriate use of

(i) the Internet, including social media, text messaging, instant messaging, websites and e-mail, and

(ii) digital cameras, cell phones — including cell phones equipped with digital cameras — and any other electronic or personal communication devices identified by the board;

(b.3) ensure that a written policy respecting school food and nutrition is prepared for each school in the school division or school district, and that

(i) the policy is reviewed at least once in each year by the school's parent advisory council, local school committee or school committee, and

(ii) information about actions taken to implement the policy is reported as part of the school's annual school plan;

(b.4) establish a written policy concerning respect for human diversity, and ensure that the policy is implemented in each school in the school division or school district;

(c) authorize the disbursement of any moneys that are to be expended or have been expended in accordance with subsection 53(4);

(d) publish, except in the case where a regulation made under section 193 applies, a summary or condensation of the annual financial report which summary or condensation shall not provide less information than the summary statement of revenue and expenditure and the statement of financial position of the revenue fund as may be required under subsection (14) and state in the publication thereof that a copy of the audited financial report is available for inspection by any resident voter at all reasonable hours in the office of the secretary-treasurer and that the resident voter at his own expense, may make a copy thereof or extracts therefrom;

(e) except in the case of school districts to which the regulations made under section 193 apply, make available for examination and inspection in the office of the secretary-treasurer of the school board at any reasonable time by any resident of Manitoba a copy of

(i) the final budget for the current year or any year within the last five years as adopted by the school board and submitted to the Public Schools Finance Board, but excluding therefrom information that may be related directly to any individual employee or to any current negotiations in respect of employee remuneration or benefits, and

(ii) the audited financial statements of the school board for any year within the last five years prepared in accordance with the requirements of subsection (14),

and permit the resident, at the resident's expense, to make copies thereof or of extracts therefrom;

(f) arrange to deposit all school division or school district funds in an account established with a bank or credit union;

(g) subject as otherwise provided in this Act, employ teachers and such other personnel as may be required by the school division or school district;

(h) arrange for the payment of salaries at least monthly;

(i) subject to this Act and the regulations, prescribe the duties that teachers and other personnel are to perform;

(j) allow students enrolled in a teacher education course conducted to prepare persons to be certified as teachers under The Education Administration Act and approved by the minister, to attend any classroom of any school as determined by the school board and the teacher education institution, at any time when the school is in session for the purpose of observing and practice teaching;

(k) admit at the opening of the fall term and at such times as the school board may by by-law establish, children beginning school pursuant to the provisions of Part XIV of this Act;

(k.1) identify pupils who are disengaged from school, or who are at risk of becoming disengaged, and establish policies and procedures to support them becoming

(i) re-engaged in school programming, or

(ii) engaged in activities or programs prescribed under section 262.2, in the case of pupils who are 15 years of age or older and who have significant difficulties in engaging in school programming;

(k.2) establish policies and procedures to assist pupils who have significant difficulties with attending school to regularly attend school;

(l) in any published advertisement for the employment of a teacher, state

(i) if no schedule of pay is in effect, the salary or the basis of the salary to be paid to the teacher, or

(ii) if a schedule of pay is in effect, that the salary paid will be in accordance with the salary schedule for the school division or school district or with the collective agreement for the school division or school district, as the case may be;

(m) immediately notify the minister responsible for health of any case reported to the school board pursuant to clause 96(e);

(n) arrange to purchase textbooks for free distribution to pupils;

(o) select and purchase or rent school sites and premises, and build, repair, furnish, keep in order and regulate the use of the school buildings, lands, enclosures and movable property;

(p) determine the number, kind, grade, and description, of schools to be established and maintained;

(q) not yet proclaimed;

(r) subject to any regulations made under The Education Administration Act, determine the times when and the manner in which reports and other information respecting pupils shall be delivered or provided or made available by teachers under section 96;

(s) [repealed] S.M. 1996, c. 51, s. 6;

(t) where it has knowledge thereof, report to the minister any teacher employed in a school within the jurisdiction of the school board who has been charged with or convicted of an offence under the Criminal Code (Canada) relating to the physical or sexual abuse of children;

(u) cooperate with schools to develop courses, programs and instructional materials, subject to the approval of the minister;

(v) provide to parent advisory councils, local school committees and school committees any information that is reasonably necessary for their operation;

(w) provide the minister, at the times and in the form and manner he or she determines, such information as the minister may require;

(x) on an annual basis, report to the residents of the school division or school district, or in the case of the francophone school division, to parents of pupils who attend schools operated by it, any results of assessments of the effectiveness of educational programs;

(y) comply with directives of the minister;

(z) ensure that each school in the school division or school district prepares an annual school plan.

Regulations — appropriate educational programming

41(1.1) The minister may make regulations respecting appropriate educational programming to be provided by school boards under clause (1)(a.1), including, but not limited to, establishing

(a) programming standards respecting resources and other support services to be provided by school boards;

(b) a dispute resolution process to be followed if there is a disagreement about the appropriateness of the educational programming being provided to a pupil by the school board.

Moratorium on closing schools

41(1.2) Except with the minister's written approval under this section, a school board may not close a school that pupils attended in the 2007-08 school year.

Minister's approval

41(1.3) The minister may approve a school closure referred to in subsection (1.2) if the school board demonstrates to the minister's satisfaction that

(a) the closure is the result of a consolidation of schools within the area or community;

(b) there is a consensus among the parents and residents of the area served by the school that the school should be closed; or

(c) it is no longer feasible to keep the school open because of declining enrolment and, despite having made reasonable efforts, the board has been unable to expand the use of the school building for appropriate community purposes.

41(1.5) An appropriate use policy established under clause (1)(b.2) may include provisions that prohibit the accessing, uploading, downloading, sharing or distribution of information or material that the school board has determined to be objectionable or not in keeping with the maintenance of a positive school environment.

(ii) strategies for promoting respect for human diversity and a positive school environment.

Regard for principles of human rights

41(1.7) In preparing its respect for human diversity policy, a school board must have due regard for the principles of The Human Rights Code.

Student activities and organizations

41(1.8) A respect for human diversity policy must accommodate pupils who want to establish and lead activities and organizations that

(a) promote

(i) gender equity,

(ii) antiracism,

(iii) the awareness and understanding of, and respect for, people who are disabled by barriers, or

(iv) the awareness and understanding of, and respect for, people of all sexual orientations and gender identities; and

(b) use the name "gay-straight alliance" or any other name that is consistent with the promotion of a positive school environment that is inclusive and accepting of all pupils.

Request for deduction and payment of dues

41(2) Where collection of The Manitoba Teachers' Society fees is not covered by a collective agreement any teacher may in each year file with the school board by which the teacher is employed, in a form approved by the minister, a request that the annual dues of the teacher to The Manitoba Teachers' Society be deducted from the salary payable to the teacher and paid to the society as provided in subsection (3).

Method of deduction and payment

41(3) Where a teacher has filed a request under subsection (2) or where a collective agreement in effect provides for the deduction and payment of annual dues of The Manitoba Teachers' Society, the school board shall deduct or pay over to the society the total amount of the dues on a monthly basis or on such basis as may be provided for by the collective agreement.

Instructional responsibilities of school boards

41(4) Every school board shall provide or make provision for education in Grades I to XII inclusive for all resident persons who have the right to attend school.

Programs not offered locally

41(5) Subject to any regulations made under The Education Administration Act every school board shall make provision for a pupil to attend a school in another school division or school district for a program not provided by the pupil's home school division or school district and the pupil's home school division or school district is responsible for paying the residual costs of the education.

Transfer of pupil where program offered locally

41(5.1) Where a resident pupil attends a program at a school in another school division and that program is offered by the home school division, the home school division shall pay a pupil transfer fee to the other school division in accordance with the regulations.

(a) for the purposes of subsection (5), providing for the manner of calculating residual costs; and

(b) for the purposes of subsection (5.1), providing for the manner of calculating pupil transfer fees.

Tuition fees for Indian pupils

41(7) Where an agreement has been signed between the Government of Canada and the province respecting the attendance of Indian pupils in public schools, the Lieutenant Governor in Council shall, by order in council, annually set the tuition fee which shall be paid by the province to a school division or school district in respect of each Indian child enrolled in a public school therein.

Appointment of auditor

41(8) Each school board shall annually appoint an auditor to carry out the duties of an auditor under this Act with respect to the school division or school district.

Qualifications of auditor

41(8.1) The school board shall appoint as auditor a person who is a chartered professional accountant authorized to provide public accounting services in accordance with The Chartered Professional Accountants Act.

Report name to minister

41(8.2) The school board shall, within 40 days after appointing an auditor under subsection (8), inform the minister of the name of the auditor appointed.

Annual audit

41(9) The auditor of the school division or school district shall annually make an examination of the financial affairs, books, accounts, records, and transactions of the division or district.

Method of audit

41(10) An examination made as required under subsection (9) shall be in accordance with generally accepted auditing standards, and shall include a general review of the adequacy of the accounting procedures and system of internal control employed to preserve and protect the assets.

Auditor's report

41(11) An auditor for a school division or school district shall, not later than October 31 in each year, make a report to the school board on the annual financial statements that the auditor has examined as at the end of the preceding fiscal year.

(a) comply with the standards of Chartered Professional Accountants of Canada for an auditor's standard report; and

(b) include the auditor's opinion as to whether the financial statements present fairly the financial position of the school division as at the end of the preceding fiscal year and the results of its operations for the preceding fiscal year, in accordance with accepted accounting principles for school divisions.

Auditor's supplementary report

41(12) The auditor shall submit to the school board a supplementary report on his or her examination of the annual financial statements and the report shall contain any information required by the regulations.

Ministerial regulations

41(12.1) For the purpose of subsection (12), the minister may make regulations respecting information to be contained in the auditor's supplementary report.

Delivery of copies

41(13) The auditor shall furnish one copy of each report to the minister.

Financial statement to minister

41(14) Not later than October 31 in each year, each school board shall furnish to the minister, in the form and manner that the minister requires, a duly audited financial statement showing the revenues, expenditures and other financial information relating to its school division or school district for the immediately preceding fiscal year, and the financial position of the school division or school district at the close of the immediately preceding fiscal year.

41.1(1) In this section, "accumulated deficit" means the financial position of the operating fund of a school division or school district where the amount by which the total of all deficits for the year and preceding years exceeds the total of all surpluses for the year and preceding years.

Obligations where accumulated deficit

41.1(2) Where a financial statement furnished to the minister in accordance with subsection 41(14) discloses that the school division or school district has an accumulated deficit, the school board shall immediately

(a) inform the minister of the accumulated deficit and the reason the accumulated deficit was incurred by the school division or school district; and

(b) prepare a plan to eliminate the accumulated deficit and submit it to the minister for approval.

Action by minister

41.1(3) Where the minister is not satisfied with the school board's plan to eliminate the accumulated deficit, the minister may

(a) direct the school board to prepare a revised plan to eliminate the accumulated deficit within a period of time directed by the minister and submit it to the minister for approval; or

(b) require the school board to take such measures as the minister deems appropriate to eliminate the accumulated deficit.

42 The school board of every school district shall submit on request of the minister, in such form and manner as he may prescribe, a detailed estimate of its expenses for all purposes and revenues from all sources for the current year.

42.1 Subject to the provisions of the Act and the regulations, every school board shall establish written procedures respecting the collection, storage, retrieval, and use of information respecting pupils.

42.2 In sections 42.3 to 42.6, 58.6 and 58.9, "pupil file" means a record or a collection of records respecting a pupil's attendance, academic achievement and other related matters in the possession or control of a school board.

42.4(2) A parent or a pupil who has attained the age of majority may appeal a school board's decision to refuse access to a pupil file by filing an application with the court within 30 days after being notified of the refusal of access.

(a) order the school board to produce to the court any pupil file in the school board's possession or control; and

(b) take such measures as the court considers appropriate to protect the confidentiality of records, including holding a hearing or a portion of a hearing in private or in the absence of the applicant.

42.5 A school board shall, on request by a parent or a pupil, attach to the pupil file the parent's or pupil's written objection to, or explanation or interpretation of, any matter contained in the file.

42.6 For greater certainty, nothing in sections 42.1 to 42.5 shall be interpreted to restrict the ability of a school board or a person acting on behalf of a school board to disclose information contained in a pupil file, provided the disclosure is made in good faith and within the scope of the duties and responsibilities of the school board or the person.

43(1) Subject to the provisions of this Act and the regulations, in all cases where transportation of pupils is required, it shall be provided for those pupils who would have more than 1.6 kilometers to walk in order to reach school, and, further, provision for transportation from home to school shall be made regardless of distance for those pupils who are unable to walk to school because of physical or other handicaps.

Requirements

43(2) Subject to subsection (1) and the regulations, each school board shall provide or make provision for the transportation of all resident pupils to and from school or may pay all or part of the living expense of such pupils in lieu of providing transportation.

Transportation contracts

43(2.1) A school board may enter into a contract with any person for the purpose of providing the transportation required under subsection (2).

Compensation to parent for transporting

43(3) Subject to subsection (6) and the regulations, where a school board is required to provide transportation of pupils to and from school, if for any reason a pupil of the school division or school district is not conveyed to school in a school bus, or is conveyed to and from a point more than .8 kilometers from the residence of the pupil, the parent or legal guardian of the pupil is entitled to receive compensation from the school division or school district for the transportation of the pupil as provided in this section.

Frequency of payment

43(4) The compensation referred to in subsection (3) shall be paid by the school board to the parent or legal guardian at a rate established by the school board and at least once a month or as mutually agreeable to the parent or legal guardian and to the school board, for each day the pupil is so transported.

Calculation of distance

43(5) In calculating distance relating to the transportation of pupils, the shortest travelled route available to the pupil shall be used and no account shall be taken of the distance to be travelled by the pupil over the property of the parent or legal guardian on which the residence of the pupil is situated.

Limitation on duty to provide conveyance

43(6) Subject to the regulations and subsection (1), no school board shall be required to extend a transportation route beyond the boundaries of the school division or school district, and nothing herein requires the school board to provide for the conveyance of a pupil to and from a point closer than .8 kilometers from the residence of the pupil.

43.1(1) In transporting pupils as required by section 43, a school board must use its best efforts to ensure that a pupil's one-way travel time to his or her designated school is not longer than one hour.

Phasing in extended travel time reductions

43.1(2) A school board that needs time to comply with subsection (1) may phase in reductions in travel time over the five-year period beginning on the day this section comes into force.

Regulations respecting extended travel times

43.1(3) If at any time the minister considers that school boards have not reduced extended travel times sufficiently, the minister may make regulations

(a) establishing a cap on a pupil's one-way travel time to the school that he or she has been designated to attend by the school board;

(b) entitling a person

(i) who is the parent or legal guardian of a pupil whose travel time exceeds the cap, and

(ii) who provides or arranges transportation for the pupil,

to reasonable compensation from the school board for that transportation;

(c) establishing reasonable rates of compensation or a method of calculating those rates, and terms and conditions of entitlement to and payment of compensation, including when payments are to be made.

44 The school board shall enter into an agreement with any insurer licensed and authorized to carry on insurance business in Manitoba, to indemnify the school division or any conveyor under agreement or under the authority of an agent of the school board against loss or damage resulting from bodily injury to or death of any pupil being conveyed and against any other peril that may arise as a result of the conveyance of pupils.

Minister may deduct premium from grant

45 The minister may enter into an agreement for and on behalf of, or as agent for, any one or more school divisions or school districts with any insurer licensed to carry on the business of insurance in the province, insuring the school division or school divisions, or the school district or school districts, as herein provided and the minister may deduct the premium payable in respect of a school division or school district so insured from the moneys payable as grants to the school division or school district as the case may be.

Regulations respecting school transportation

46(1) The Lieutenant Governor in Council may make regulations that are ancillary to and not inconsistent with any provisions of this Act respecting the standards of transportation provided by school divisions and school districts for pupils and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) respecting the duties, powers and functions of drivers of vehicles used for such transportation, of persons contracting for such transportation, and of school officials, principals and teachers in respect of such transportation;

(b) respecting the testing of vehicles used for such transportation and the testing of the drivers thereof;

(c) respecting the use of vehicles used for such transportation, for purposes other than such transportation;

(d) prescribing standards and specifications to be met and maintained respecting vehicles used for such transportation and equipment thereon, and prescribing procedures for the enforcement of such standards and the persons who may enforce such standards;

(e) respecting the powers and duties of school patrols in respect of such transportation and the vehicles used therefor;

(f) prescribing rules of safety including emergency procedures to be followed in respect of such transportation and the vehicles used therefor, by the drivers thereof, the students, and the school officials, principals and teachers.

Highway Traffic Act

46(2) The provisions of any regulation made under subsection (1) shall be in addition to and not in substitution for or in derogation of the provisions of The Highway Traffic Act and any regulation made thereunder.

47.1.1(1) The following persons must, if they become aware that a pupil of a school may have engaged in unacceptable conduct while at school, at a prescribed school-approved activity or in other prescribed circumstances, report the matter to the principal of the school as soon as reasonably possible:

(a) an employee of a school board, school division or school district;

(b) a person who has care and charge of one or more pupils during the prescribed school-approved activity.

Principal to notify parent or guardian

47.1.1(2) Subject to the regulations, if the principal believes that a pupil of the school has been harmed as a result of the unacceptable conduct, the principal must, as soon as reasonably possible, notify the pupil's parent or guardian.

Content of notice

47.1.1(3) When notifying a parent or guardian under subsection (2), the principal must provide the following information:

(a) the nature of the unacceptable conduct that resulted in harm to the pupil;

(b) the nature of the harm to the pupil;

(c) the steps taken to protect the pupil's safety, including the nature of any disciplinary measures taken in response to the unacceptable conduct.

Limitation re personal information

47.1.1(4) When notifying a parent or guardian under subsection (2), the principal must not disclose the name of or any other identifying or personal information about a pupil who engaged in the unacceptable conduct, except in so far as is necessary to comply with subsection (3).

Additional obligation

47.1.1(5) An obligation to make a report respecting unacceptable conduct under this section is in addition to, and not in derogation of, the obligation to report unacceptable conduct under any other enactment.

(a) a vegetable oil or soft, spreadable margarine is deemed not to contain artificial trans fat if its total trans fat content does not exceed 2% of its total fat content;

(b) a prepackaged product is deemed not to contain artificial trans fat if

(i) the fat in it originates exclusively from ruminant meat or dairy products, or

(ii) under the Food and Drug Act (Canada), the product does not require a label showing a nutrition facts table or, if the product does require such a label, its nutrition facts table lists the trans fat content as 0.2 grams per serving or less; and

(c) any other food product is deemed not to contain artificial trans fat if

(i) the fat in it originates exclusively from ruminant meat or dairy products, or

(ii) the total trans fat content of the product does not exceed 5% of the total fat content.

47.3 Each school board must develop an anaphylaxis policy to meet the needs of pupils who have diagnosed anaphylaxis. The policy must also meet any requirements prescribed by regulation under The Education Administration Act.

(a) the manner for determining when school facilities are to be made available to the public; and

(b) the terms and conditions for public use of the school facilities, including

(i) subject to subsection (3), the fees, or the manner of determining the fees, if any, to be charged,

(ii) the entry requirements and supervision to be provided, if any, for when the facilities are used at different times, including during school hours, evenings, weekends and holidays,

(iii) the process to be followed to reserve use of the facilities,

(iv) how priority will be determined when two or more potential users apply to use the same facilities at the same time,

(v) the manner and time period in which a user who has reserved the facilities is to give notice if they will not use the facilities at the reserved time,

(vi) the insurance, if any, that must be held by users, and the circumstances in which users are expected to indemnify the school division or school district for any loss or damage that may occur as a result of the use,

(vii) the process to be followed in resolving disputes related to the public's use of the facilities, and

(viii) any other provision that the board considers necessary to assist the school division or school district in implementing the community use policy.

Fees limited to amounts necessary to recover costs

47.4(3) The fee charged in respect of the public's use of a school facility must not exceed the amount necessary for the school division or school district to recover the costs it incurs because of the public's use of the facility.

Monitoring use

47.4(4) A school division or school district must establish a procedure for monitoring the public's use of its facilities, and may discontinue use by anyone who repeatedly, and without notice, fails to use the facilities when they have reserved them.

Implementation

47.4(5) To assist in implementing its community use policy, each school board must

(a) designate an employee of the school division or school district to act as its community use coordinator; and

(b) ensure that the following is available to the public on a website that is maintained by the school division or school district:

(i) a copy of the community use policy,

(ii) the name and contact information of the community use coordinator,

(iii) a copy of any application form that a potential user is required to complete when applying to reserve school facilities.

(a) provide a course of instruction and training for children between three and six years of age in nursery or kindergarten schools or both;

(b) establish and conduct evening schools and part-time day schools;

(b.1) establish and operate, or enter into a partnership to establish and operate, an adult learning centre in accordance with The Adult Learning Centres Act;

(c) arrange for and conduct summer schools;

(d) with the consent of the minister, establish and conduct day schools for special purposes;

(e) enter into an agreement with the minister to establish and conduct special courses, whether or not such courses are part of the public schools program and for payment to the school board in connection with such course, such amount as may be specified in the agreement;

(f) collect such tuition fees as the school board may establish for any of the classes referred to in clauses (b) to (e) except for classes that are part of the regular public school program;

(g) provide such apparatus and materials as may be deemed expedient for any of the purposes of this section;

(h) provide, with or without charge, lunches to pupils;

(i) provide materials, appliances and equipment for school sports and games and supervise and direct sports and games during school terms or vacation;

(j) purchase books and other instructional materials to be given to the pupils or to be loaned to them with or without charge as the school board may decide;

(k) provide such course of technical and vocational instruction as may be approved by the minister for pupils enrolled in or attending the schools under the jurisdiction of the school board by placing the pupils under the instruction of any person approved by the minister;

(l) with the approval of the Lieutenant Governor in Council, establish, maintain and provide for a school outside the limits of the school division or school district;

(m) [repealed] S.M. 1996, c. 51, s. 9;

(n) establish and administer, with the consent of the minister, a system of medical and dental inspection of pupils and employees and subject to The Public Health Act and the regulations made thereunder, make such arrangements as may be approved by the minister for attending to the health, cleanliness and physical condition of the pupils and employees of the schools under the jurisdiction of the school board;

(o) except as otherwise provided in this Act, collect or recover in any court of competent jurisdiction as a debt fees owing to it from a parent or legal guardian of a pupil attending, or receiving a service from, a school in the school division or school district;

(p) notwithstanding any other provision of this Act, enter into an agreement with the government, or any minister of the government on behalf of the government, or any agency of the government or any other school board or any person

(i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or

(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or

(iii) respecting the provision, exchange or sharing of educational services, or

(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or

(v) respecting the construction of a regional vocational school or any other school within or without its territorial jurisdiction, and respecting the programs to be offered therein, or

(vi) respecting any one or more of the things mentioned in sub-clauses (i) to (v);

(q) notwithstanding any other provision of this Act, but subject to the approval of the minister, enter into an agreement with the Government of Canada or a minister thereof on behalf of the Government of Canada or an agency of the Government of Canada or an Indian Band or its representative to whom authority over the education of children of the Indian Band has been granted under an Act of Parliament,

(i) respecting the attendance and education of children from within its school division or school district at a school operated by the other party, or

(ii) respecting the attendance and education at schools operated by it of children, the education of whom is the responsibility of or under the supervision of the other party, or

(iii) respecting the provision, exchange or sharing of educational services, or

(iv) respecting the payment, sharing or collection of fees and charges agreed upon by the parties, or

(v) respecting any one or more of the things mentioned in sub-clause (i) to (iv);

(r) enter into agreements with the council of a municipality for the purpose of construction and maintenance of recreational or other facilities on property owned by the school division or school district and for the joint use of those facilities;

(s) decide who shall be school visitors;

(t) provide or make provision for the transportation of any of its resident pupils to and from school, or to and from any school activity during or outside of school hours, and may provide, in whole or part, for the expense of any such transportation;

(u) establish, operate, maintain and regulate a system of patrols for the protection of children from traffic accidents;

(v) establish and provide for any course of study approved by the minister;

(a) for extending courtesies of providing tributes and recognition to any person;

(b) for sponsoring or participating in activities in co-operation with educational organizations;

(c) for making grants to or becoming members of such organizations of and educational or related nature as the school board may determine; and

(d) for the in-service education of teachers or other employees.

Scholarships, bursaries, etc.

48(3) A school board may grant to a pupil a scholarship, bursary or award.

Suspension and expulsion

48(4) Subject to the regulations and notwithstanding any other provision of this Act, a school board may suspend or expel from a school any pupil who, upon investigation by the school board, is found to be guilty of conduct injurious to the school environment.

Granting of leave of absence to teachers

48(5) A school board may grant leave of absence to any teacher, officer or other employee under its jurisdiction for such period as the school board may approve and may grant the teacher, officer or other employee such allowance per month, during leave of absence, as the school board deems advisable.

Cumulative sick leave

48(6) A school board may, by by-law, provide a schedule of cumulative sick leave with pay for its employees other than teachers.

Insurance coverage

48(7) A school board may, under the terms of any arrangement with its employees place insurance coverage on its employees and provide for salary continuation plans and may spend money raised for school purposes to pay, in whole or in part, the premiums thereon.

48.1(1) Nothing in this or any other Act of the Legislature prohibits an employee from seeking nomination as or being a candidate for public office, or supporting a candidate or political party, in a municipal, provincial, federal or school board general election or by-election, and, if elected, from serving in that office.

Leave of absence

48.1(2) An employee who, pursuant to subsection (1), proposes to become a candidate in a municipal, provincial, federal or school board election may apply to the employee's school board for leave of absence without pay for a period

(a) where the employee is nominated as a candidate, not longer than the period commencing on the day on which the writ for the election is issued and ending 90 days after the day on which the results of the election are officially declared; and

(b) where the employee is not nominated as a candidate, not shorter than the period commencing on the day on which the writ for the election is issued and ending on the day fixed by law for the nomination of candidates;

and every such application shall be granted.

Reinstatement of unsuccessful candidate

48.1(3) An employee who runs for office in an election pursuant to this section and is not elected, and applies to the employer within 90 days from the date on which the results of the election are officially declared, shall be reinstated to the position held immediately prior to the date the leave of absence was granted under subsection (2) or to a comparable position, and the employee's service shall be deemed to be unbroken for all purposes.

Leave of absence for elected candidate

48.1(4) An employee who runs for office in an election pursuant to this section and is elected shall, upon application to the employer, be granted leave of absence without pay for the period during which the employee holds office but not exceeding five years.

49(1) With the written approval of the minister, two or more school divisions may enter into an agreement for the administration of and provision of funds for the operation of, a regional vocational school and the agreement may provide for the establishment of a governing board to administer the regional vocational school.

Membership of governing board

49(2) Where an agreement made under subsection (1) provides for the establishment of a governing board to administer regional vocational schools, the board shall be comprised only of trustees from the school boards of the school divisions which are party to the agreement and shall be known as: "The Governing Board for Regional Vocational School" and, upon being established, the members of the governing board are a body corporate and politic under that name.

Agreement to continue regional vocational school

49(2.1) If an agreement under subsection (1) is or will be terminated but a school division that was a party to it wishes the regional vocational school to continue,

(a) the minister may enter into an agreement with the school division and the governing board to continue the regional vocational school; and

(b) the minister and the school board may, pursuant to the agreement and despite subsection (2), name persons who are not trustees to serve as members of the governing board of the regional vocational school.

Powers and duties of board

49(3) Subject to subsection (4), a governing board established or continued under an agreement made under this section to administer a regional vocational school has, for and in respect of the regional vocational school the powers, duties and obligations of a school board under this Act.

Exceptions

49(4) Notwithstanding subsection (3) or any other provision of this Act, a governing board established or continued under an agreement made under this section to administer a regional vocational school does not have the powers, duties and obligations imposed under clauses 41(1)(a), (k) or (p) subsections 41(4) or (5), section 43, clause 48(1)(a), section 57 or Part IX.

Subsidiary agreements

49(5) The parties to an agreement made under this section may enter into subsidiary agreements with each other — and in the case of an agreement under subsection (1) that establishes a governing board to administer the regional vocational school, with the board — respecting the provision of supplies and services.

Additional transportation powers

49(6) Notwithstanding subsection 43(6), a school division which is a party to an agreement under this section in respect of a regional vocational school may, for the purpose of assisting in the administration of the regional vocational school, and in accordance with any agreement made under this section, extend transportation routes beyond the boundaries of the school division and provide transportation to pupils residing outside the school division.

50(1) Subject to subsection (2) and the regulations, a school board shall, by by-law, establish a superannuation or pension plan for its employees and officers who are not provided for under The Teachers' Pensions Act and for this purpose may

(a) establish a superannuation or pension fund and make rules governing the management, administration and investment of the fund; and

(b) make rules which specify the person who is eligible to participate in the plan, the amount each participant is required to contribute, the conditions under which a participant, other person or estate is eligible to receive a pension or other benefits, the amount of such pension or other benefits and the procedures to be followed in the administration of the plan; and

(c) enter into an agreement with a life insurance company or trust company, provided such company is authorized to carry on its business in the Province of Manitoba, to manage the investments of the fund; and

(d) guarantee the solvency of any superannuation or pension fund established by it.

Optional plan

50(2) In lieu of establishing a superannuation or pension fund under subsection (1), a school board may

(a) enter into an agreement with a municipality in Manitoba whereby the employees of the school board become eligible to participate in the superannuation or pension plan established by that municipality; or

(b) enter into an agreement with a life insurance company authorized to carry on its business in Manitoba, or with the Government of Canada or with the Manitoba Association of School Trustees, to provide a pension or other benefits for its employees who are not teachers.

Contribution by school boards

50(3) Where a superannuation or pension plan is established under subsection (1) or (2) the school board shall contribute from the funds of the school division or school district the amount required under the plan to be contributed by it and shall include the amount of the contribution in its annual estimates.

Protected from attachment and not assignable

50(4) The interest of an employee in the fund or any allowance or payment out of the fund to any person entitled under this Act is not subject to garnishment, attachment or seizure, or to any legal process whatsoever and in the case of the death of the employee or person receiving an allowance, any allowance or payment out of the fund does not form part of the estate of the deceased so as to be liable for any of his debts and no interest, allowance or payment out of the fund is assignable, except that the sum which an employee who leaves the service or is dismissed is entitled to be paid out of the fund may be assigned to another employee superannuation or pension fund or plan approved by the Minister of National Revenue.

SUPERINTENDENT

Appointment of superintendent

51 A school board may appoint a superintendent, fix and pay his remuneration and define his duties.

(a) power to employ, within the establishment and budgetary limits set by the school board, necessary staff except senior officers and employees holding administrative or supervisory positions; or

(b) except in respect of positions mentioned in clause (a), power to accept resignations and power to grant within policy and budgetary limits established by the school board, exchange leave for teachers and to cancel or alter that leave; or

(c) power to appoint attendance officers; or

(d) power to promote non-teaching staff into established positions, except in respect of positions mentioned in clause (a); or

(e) power to select teachers for schools operated by the Department of National Defence, to grant leave for service with the Department of External Affairs and to select teachers for similar service; or

(f) power to request municipal councils to make improvements in roads and sidewalks adjacent to school sites and power to enter into agreements on behalf of the school board with respect thereto within policy and budgetary limits established by the school board; or

(g) power to approve payment under final certificates for payments in respect of routine contracts awarded by the school board other than for new buildings, where the contracts have been completed to his satisfaction; or

53(1) Every school board shall appoint a secretary-treasurer, fix and pay his remuneration and define his duties.

Notice of appointment

53(2) Where a secretary-treasurer is appointed, the chairman of the school board or the secretary-treasurer shall, within 10 days thereafter, send or cause to be sent to the minister by registered mail a written notice of the appointment stating the full name and address and qualifications of the appointee.

Payment of accounts

53(3) Subject to subsection (4), the secretary-treasurer shall pay the accounts authorized by the school board and in accordance with the policy of the school board.

Payment of accounts without approval

53(4) The secretary-treasurer may without prior approval of the school board pay all accounts that are payable by the school division or school district and that have been included in the estimates of the school division or school district for the year in which the account is payable if he considers payment without prior approval of the school board to be in the best interests of the school division or school district and pay all other accounts that are payable by the school division or school district and that have been approved by the school board.

Secretary-treasurer to report occupations of trust

53(5) At the first meeting in each year the secretary-treasurer shall make a written statement to the school board of all occupations in which he is engaged which involve the receipt by him of money other than that belonging to the schoolboard or to himself and he shall thereafter during the year as they occur, report any such additional occupations or any discontinuance thereof and the chairman of the school board shall immediately report to the minister all such occupations made known to the school board.

Powers of auditors

54(1) An auditor referred to in subsection 41(8) for the purpose of carrying out his duties may

(a) require the attendance of all or any of the persons interested in the accounts, and of their witnesses, with all such books, papers and writings as the auditors may direct them or any of them to produce;

(b) administer oaths to persons and witnesses.

Duty to assist auditors

54(2) Every trustee and every employee of a school board shall, on request, furnish to the auditor all papers, books accounts and information that the auditor requires to carry out his duties and that it is in the power of the trustee or the employee, as the case may be, to furnish.

Duty to account

54(3) Every secretary-treasurer, every person who has been a secretary-treasurer and every trustee or other person who has in his possession any books, papers, chattels or moneys that came into his possession as secretary-treasurer, trustee or otherwise shall deliver up or account for and pay over the books, papers, chattels and moneys to the person designated by the school board or by the minister.

Recording of minutes

55(1) The secretary-treasurer shall record in a minute book, without note or comment, all resolutions, decisions and other proceedings of the school board.

Right to examine

55(2) On the demand of any resident voter, the secretary-treasurer shall make available to him and permit him to examine the minutes of any school board meeting, excepting any record of any meetings held in camera, at any time when the offices of the school division or school district are open for the transaction of business.

Penalty

55(3) Sections 247, 248 and 249 apply, with such modifications as the circumstances require, to every person who contravenes, neglects, refuses or fails to comply with subsection 54(3).

55.1(1) The principal of a school, in consultation with parents or legal guardians and teachers and other specialists, as appropriate, is responsible for the assessment and promotion of pupils enrolled in the school.

Board policies — promotion of pupils

55.1(2) In discharging his or her responsibilities under subsection (1), the principal must act in accordance with the policies of the school board.

Achievement to determine promotion of pupils

55.1(3) A school board must not adopt a policy that requires a principal to promote a pupil regardless of whether the pupil has achieved the expected learning outcomes.

56(1) A school board may, by by-law, provide for the payment of an annual indemnity to the chairman and to each trustee payable in such amount and at such times and under such conditions as provided in the by-law.

Additional indemnities

56(2) In addition to the indemnity referred to in subsection (1), each member of the school board may be paid and may accept

(a) such amount per mile as set by by-law of the school board for each mile actually and necessarily travelled from his place of residence in the school division or school district to the place of meeting and return to his place of residence, allowable only once for each school board meeting;

(b) such amount per hour as set by by-law of the school board for each hour actually and necessarily spent by him under authority previously given by resolution of the school board in the performance of such duties, work or services as he is required or authorized under the resolution to perform; and

(c) such an amount per mile, as set out by by-law of the school board, for each mile actually and necessarily travelled by him in the performance of the duties, work or services to which clause (b) applies;

but the remuneration or mileage mentioned in clauses (b) and (c) is not payable until an account showing the work or service performed, verified by statutory declaration, has been filed with the secretary-treasurer and payment thereof authorized by resolution of the school board.

Reimbursement for expenses

56(3) A school board may reimburse its trustees, trustees-elect or employees for expenses necessarily incurred while attending conventions or carrying out duties assigned or approved by the school board and at such rates and under such conditions as the school board may determine.

School funds

56(4) Notwithstanding any other provision of this Act, the principal of each school, subject to the rules of the school board, may raise, hold, administer and expend moneys to be known as "school funds" for the purposes of the school.

Exclusion of student council funds

56(5) School funds referred to under subsection (4) do not include student council funds.

Alteration of wards and numbers of trustees

57(1) Subject to subsections (2), (3), (4), (5) and (6) a school board may, by by-law, or on the petition of 10 or more resident voters

(a) alter the boundaries of existing wards;

(b) increase or decrease the number of wards;

(c) increase or decrease the number of trustees in any ward but the total number of trustees shall not be fewer than five or more than nine;

(d) [repealed] S.M. 2002, c. 8, s. 15;

(d.1) subject to section 57.1, abolish the existing wards and establish the number of trustees to be elected at large, which must be not fewer than five or more than nine;

(e) establish wards and subject to clause (c), state the number of trustees to be elected in each ward so established; or

(f) do any one or more of the things mentioned in clauses (a) to (e).

Population of wards

57(2) Subject as herein provided each trustee of a school division or school district divided into wards shall represent, in so far as is practicable, approximately the same number of resident voters.

Representation quotient

57(3) A school board of a school division or school district divided into wards may establish a representation quotient for the school division or school district by dividing the total number of voters on the voters list of the division or district by the total number of trustees to be elected.

Action to preserve equality by population of wards

57(4) Where, in the case of a school division or school district divided into wards, the number of voters per trustee in any one or more of the several wards thereof varies from the quotient obtained under subsection (3) to an extent greater than is permitted under subsection (5), the school board may take such action as may be required to give effect to subsection (2).

Variation in population basis

57(5) In determining the area to be included in, and in fixing the boundaries of any ward the school board shall consider

(a) special geographic conditions, including the sparsity, density and relative rate of growth or loss of population of a part of the school division or school district; and

(b) any special diversity or community of interests of the inhabitants of a part of the school division or school district;

and may allow a variation in the population requirement of any ward where, in its opinion, those considerations or any of them render a variation desirable but in no case may the representation quotient of any ward in the school division or school district as a result thereof vary from the quotient obtained under subsection (3) to an extent that is greater than 25% or to an extent that is less than 25% of the quotient.

School board may not pass by-law

57(6) Where the application of subsection (3), (4) or (5) would result in a reduction in the number of trustees in the school division or school district, the school board may decide not to pass the by-law.

Approval of the minister

57(7) A by-law passed under subsection (1) has no effect unless approved in writing by the minister.

Referendum

57(8) Before the minister approves a by-law passed under subsection (1), he may require the by-law to be submitted to a referendum of the resident voters of the school division or school district.

Effective date

57(9) A by-law made under subsection (1) shall take effect on the date of the next following general election of trustees in the school division or school district and the term of office of all trustees of the school division or school district affected by the by-law terminates at the time the by-law takes effect and, before the election, the minister in approving the by-law shall determine the term of office or method of fixing the term of office of each of the trustees to be elected.

58(1) Where 10 or more resident voters of a school division or school district aggrieved by the action of a school board under subsection 57(1) or by the failure of the school board to take action within three months next following the making of a request under subsection 57(1) the voters may in writing appeal to the minister against the action, or the failure or refusal to act of the school board and the minister may refer the matter to the board of reference.

Procedure on appeal

58(2) Where under subsection (1) the minister refers the matter to the board of reference, he shall send a copy of the request to the board of reference and to the school division or school district and the board of reference shall act thereon as provided in section 9.